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Supreme Court of India 2017-10-04 allowed

State of Himachal Pradesh & Ors vs Gujarat Ambuja Cements Ltd. & Ors

Bench: 2 — Ranjan Gogoi

In Brief

Gujarat Ambuja Cements Ltd. was granted a power tariff freeze incentive (reimbursement of tariff increases for four years from commercial production) under Himachal Pradesh's industrial incentive scheme. The company sought reimbursement of Peak Load Exemption Charges (PLEC) paid for electricity supply during peak hours. The High Court allowed the claim, but the Supreme Court reversed, holding that PLEC is a special surcharge for exceptional power supply, not part of regular tariff. Only ordinary tariff increases qualified for reimbursement, and the company was ordered to repay any reimbursed PLEC with interest.

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