Petition No. 259/2010. Case: Everest Power Private Limited Vs Allain Duhangan Hydro Power Limited, Noida and Ors.. Central Electricity Regulatory Commission

Case Number:Petition No. 259/2010
Party Name:Everest Power Private Limited Vs Allain Duhangan Hydro Power Limited, Noida and Ors.
Judges:Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member and Shri M. Deena Dayalan, Member
Issue:Electricity Law
Judgement Date:January 18, 2013
Court:Central Electricity Regulatory Commission


  1. The Commission in its order dated 1.6.2011 in Petition No. 259/2010 had directed that the Commission has the jurisdiction to adjudicate the dispute between the petitioner and Respondent No. 1 with regard to the use of the 220 kV D/C Allain Duhangan Hydro Power Limited(ADHEP)-Nalagarh Transmission Line and issued certain consequential directions in para 20 of the said order. Aggrieved by the said order, Respondent No. 1 filed Appeal No. 81/2011 before the Appellate Tribunal for Electricity (hereinafter "Appellate Tribunal"). The Appellate Tribunal has disposed of the appeal vide judgment dated 2.1.2013 with the following directions:

  2. Conclusion

    (i) The arrangement for interconnection of the dedicated transmission system of the earlier for evacuation of power from the hydro power stations of Parbati Basin and constraints hydro power project of the Respondent no. 1 with the dedicated transmission system of the Appellant and the evacuation of the power of the Respondent no. 1 through the dedicated transmission system of the Appellant upto the sub-station of Power Grid at Nalagarh has been planned and coordinated by the CEA and CTU in consultation with the parties. This has been necessitated by delay in construction of Parbati Pooling Station planned by the CTU in providing alternative transmission corridor in the hilly and forest area and environmental consideration.

    (ii) The Central Government granted permission to the Respondent no. 1 under Section 68 to construct its dedicated transmission system comprising 132 kV transmission line and 220/132 kV sub-station to loop-in-loop-out one of the circuits of Allain Duhangan - Nalagarh 220 kV double circuit approval for which was earlier granted by the Central Government to the Appellant as its associated transmission system. The approval to the Respondent no. 1 under Section 68 was granted with the understanding reached in a meeting taken in the CEA for the sharing arrangement with the consent of the Appellant and the Respondent no. 1

    (iii) In view of the Loop-in-Loop-out of one of the Allain Duhangan - Nalagarh circuits at Chhaur, part of the line is used for conveyance of electricity across the territory of an intervening State/within the State which is incidental to inter-State transmission of electricity of Malana II of the Respondent no. 1. Thus, the transmission of power on this line has to be regulated by the Central Commission. Thus, the Central Commission has the jurisdiction to...

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