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Supreme Court of India 2023-04-20 dismissed

NIGAM LIMITED AND ANOTHER vs ADANI POWER (MUNDRA) LIMITED

Bench: 2 — B.R. Gavai, Vikram Nath

In Brief

Haryana utilities purchased power under a long-term agreement with Adani Power (Mundra) Limited. When India's Ministry of Coal introduced the SHAKTI Policy in 2017, restricting coal supply to power projects, Adani claimed this constituted a 'Change in Law' entitling it to higher tariff. The electricity regulator (CERC) and appellate tribunal (APTEL) agreed. The utilities appealed to the Supreme Court. The Court upheld the dismissal, holding that expert regulatory bodies deserve deference when their concurrent decisions are not vitiated by ignoring mandatory laws, extraneous considerations, or patent illegality.

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Electricity Law Regulatory Law Power Purchase Agreements Change in Law Coal Allocation Policy Tariff Disputes Administrative Law Judicial Review of Expert Bodies

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