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Supreme Court of India 2025-07-16 allowed

State of Himachal Pradesh & Anr vs JSW Hydro Energy Ltd. & Ors

Bench: 2 — Pamidighantam Sri Narasimha, Joymalya Bagchi

In Brief

JSW Hydro Energy Ltd. operated a 1045 MW hydroelectric project under a 1999 Implementation Agreement with Himachal Pradesh requiring 18% free power supply after 12 years from commissioning. When CERC Regulations capped free power at 13% for tariff calculation, JSW sought to limit its obligation to 13%, claiming regulations overrode the contract. The High Court agreed. The Supreme Court reversed, holding that the 13% cap applies only to tariff calculations, not contractual obligations. Since the regulation does not prohibit supply beyond 13%, JSW must honor the contract. The Court also ruled the High Court lacked jurisdiction, as interpretation of regulatory provisions falls exclusively to CERC and the statutory appellate tribunal (APTEL).

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Electricity Regulation Contract Law Tariff Determination Regulatory Jurisdiction Writ Jurisdiction Power Generation Hydroelectric Projects Resource Royalties Regulatory Override of Contracts Appellate Mechanisms Separation of Powers

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