In Brief
Maharashtra State Electricity Distribution Company Limited appealed against orders by the Electricity Regulatory Commission and its Appellate Tribunal quashing pre-1999 circulars regarding captive power plant policy. The Supreme Court held that the Commission could not retroactively invalidate circulars issued before its August 1999 establishment, as the State Electricity Board then had authority to frame tariff policy. The Court noted the Commission had previously acknowledged captive power policy was a Government matter outside its jurisdiction and had not decided the circulars' merits when presented. Setting aside the quashed orders and refund direction, the Court found that ordering refund would unjustly enrich respondents who had passed electricity costs to consumers of manufactured products.",
The lawyer headnote and full judgment text are available to registered users.