KAMARHATTY POWER LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appellants in the MAT and the appellants in the COT all are aggrieved by a decision of a single Judge dated August 14,2012 disposing of a WP No.12995(W) of 2011 filed by the MAT appellants under Article 226 of the Constitution of India.

(2.) IN exercise of power conferred by s.86(1)(e) read with sub -s.(1) and subs. 2(zp) of s.181 of the Electricity Act,2003 the West Bengal Electricity Regulatory Commission (in short WBERC) made the West Bengal Electricity Regulatory Commission(Cogeneration and generation of electricity from Renewable Sources of energy) Regulations, 2006. The regulations were published in the Kolkata Gazette on May 4,2006. They came into force on that same date.

(3.) THE 2006 regulations were made by the WBERC in the discharge of its functions specified in s.86(1)(e) of the Act. Regulation 4 of the regulations deals with determination of tariff of electricity from cogeneration and renewable sources. Relevant part of reg.4.1 of the regulations is quoted below: