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Supreme Court of India 2016-09-22 partly_allowed

Electricity Department vs Suryachakra Power Corporation Limited

Bench: 2 — Nariman

In Brief

The Electricity Department challenged an order on project cost determination for Suryachakra Power Corporation's power project. Multiple expert committees had proposed varying project costs, with a final five-member committee, accepted by the Administration, determining it at Rs. 70.61 crores. The appellant sought deductions totalling Rs. 18.25 crores on grounds of PPA violations. The Supreme Court held that the Administration-accepted expert report could not be undermined without solid evidence. However, it partially allowed the appeal by striking down the Appellate Tribunal's suo moto allowance of additional interest during construction and financing charges for delay-related costs, as these were not part of the original grounds and were already factored into the CEA's base figure."

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Power Purchase Agreements Electricity Law Project Costing Tariff Determination Administrative Law

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