HINDUSTAN ZINC LIMITED; J K LAKSHMI CIMENT LTD; RAJASTHAN TEX MILLS ASSO & ANR; SHREE CEMENT LIMITED; OPEN ACCESS USER ASSOCIATION; RATNAKAR ISPAT INDIA PVT LTD; NIRMA LTD Vs. RAJASTHAN ELECTRICITY REGULATORY COMMISSION, JAIPUR & ORS

JUDGEMENT

(1.) These petitions for writ are before us to examine constitutional validity of the regulations 17, 21(1), 25, 26(3), 26(6), 26(7)(i), 26(7)(ii), 26(7)(iii), 26(7)(v) and 26(8) of the Rajasthan Electricity Regulatory Commission (Terms and Conditions for Ope Access) Regulations, 2016 (hereinafter referred to as 'the Regulations of 2016').

(2.) Before coming to the facts and the issues under adjudication, it would be appropriate to mention introductory details about the Indian Electricity Act 2003 and the concept of "open access" incorporated therein. The provisions of the Act of 2003 and the concept of open access enshrined in it is a very ambitious step of the legislature to promote the entire electricity sector with a view to have progressive reforms to benefit industrial consumers, private utilities, power equipment providers etc.

(3.) The parliament enacted the Act of 2003 to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto. The main features of the Act are as follows :-