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Supreme Court of India 2023-04-20 dismissed

DISTRIBUTION COMPANY LIMITED vs ADANI POWER MAHARASHTRA

Bench: 2 — B.R. Gavai, Vikram Nath

In Brief

This case addresses whether deallocation of Lohara Coal Blocks—previously allocated to Adani Power Maharashtra Limited (APML) for a power project but withdrawn when the area was notified as part of a tiger reserve buffer zone—constitutes a "change of law" event entitling APML to compensation. The Supreme Court upheld earlier findings that the deallocation was indeed a change of law, as the buffer zone notification came after the bid cut-off date and was issued by a government authority. APML is entitled to restitution compensation calculated as the difference between alternate coal costs and Lohara coal costs, including transportation expenses, to restore it to its original economic position. The Court deferred to the expert committees' methodology and dismissed the electricity distributor's appeal.

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