In Brief
This case concerns a dispute over the applicable electricity tariff rate for a wind power project in Madhya Pradesh. The question was whether the project commissioned near the cut-off date (31 March/1 April 2016) would receive the higher tariff of Rs 5.92 per unit (for projects commissioned before 31 March 2016) or the lower tariff of Rs 4.78 per unit (for projects after 1 April 2016). Although the Superintending Engineer had issued a commissioning certificate dated 31 March 2016, the objective data from the State Load Despatch Centre showed actual power injection occurred on 1 April 2016. The Supreme Court held that objective factual data prevails over the certificate, fixing the commissioning date as 1 April 2016. However, to ensure fairness and parity with similarly situated projects, the Court awarded the respondent the benefit of the Rs 4.78 tariff under the 17 March 2016 Tariff Order.
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