HINDALCO INDUSTRIES LIMITED Vs. GUJARAT ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) IN all these nine petitions, the petitioners challenge the order dated 17.4.2010 and the regulations issued vide notification dated 17.4.2010, namely, the Gujarat Electricity Regulatory Commission (Procurement of Power from Renewable Sources. Regulations, 2010 (hereinafter referred to as 'the Regulations'. passed by the respondent, Gujarat Electricity Regulatory Commission, as being without jurisdiction, discriminatory, ultravires the Electricity Act, 2003, amounting to unreasonable restriction and violative of Articles 14 and 19(1)(g) of the Constitution of India. By the impugned order, the Gujarat Electricity Regulatory Commission, in exercise of power under Section 86(1)(e) of the Electricity Act, 2003 for short, 'the Act'., has mandated all the petitioners, who are having 'captive power plant' CPP. or 'captive generating plant' CGP., to purchase electricity (in kWh) from renewable energy sources at a defined minimum percentage of their total consumption during a year, by treating them as 'Obligated Entities' and bringing them within the purview of 'Renewable Purchase Obligation'.

(2.) THE common issue raised in all these petitions is based on interpretation of Section 86(1) (e) with other provisions of Electricity Act, 2003, Rules and Regulations, etc.

(3.) DETAILS of the activities of the petitioners are as under: