In Brief
The Gujarat Electricity Regulatory Commission's order extending a solar project developer's tariff control period beyond its statutory expiration date was reversed. The Supreme Court held that the Commission, as a creature of statute, cannot use inherent procedural powers to alter the substantive terms of a Power Purchase Agreement between parties. Inherent powers are limited to procedural matters securing ends of justice, not to create rights or vary contractual obligations. The control period in a tariff order is a generic market policy, not an administrative deadline for individual cases. Extension requires following the statutory procedure for tariff determination (Sections 62-64), including public notice and hearing, not invocation of inherent authority. The appeal was allowed and orders set aside.
The lawyer headnote and full judgment text are available to registered users.