GMR ENERGY LTD Vs. GOVT OF KARNATAKA

JUDGEMENT

(1.) In these Writ Petitions interesting questions relating to finer aspects of the National Policy on Power which finds statutory recognition and as reflected in the Electricity Act, 2003 and its ramifications, in so far as the obligation of the Government to encourage private sector participation, delicensing of generation and implementation of the concept of open access in transmission vis-a-vis its obligation to provide access to electricity to all areas including villages, hamlets and common man, do arise for consideration.

(2.) In all these Writ Petitions the petitioners are challenging the Government Order dated 30.12.2008 passed by the State Government under Section 11 of the Electricity Act, 2003 (for short hereinafter referred to as "the Act") directing them to operate and maintain generating stations owned by them and to supply the electricity produced to the State Grid. Though facts of each case are different as the challenge is to the same Government Order and the point involved is purely a question of law they are taken up for consideration together and disposed of by this common order. Though the ground of mala fides is a question of fact raised in one of these Writ Petitions, it is dealt with separately.

(3.) The petitioners have sought in these Writ Petitions a writ of certiorari for quashing the Government Order dated 1.1.2009 and 30.12.2008 at Annexures-A and A1 respectively by which the first petitioner is directed to supply energy to the State Grid at the rate of Rs. 5.50 per unit from their Barge Mounted Power Plant at Tannir Bavi near Mangalore from January 2009 to May 2009.