The Punjab & Haryana High Court struck down the Punjab Government notification that specified a cut-off date for granting electricity connections in unauthorized colonies.
The notification restricted connections only to those with property documents dated before July 31, 2024. The petitioner, despite legally purchasing land and securing approvals, was denied electricity due to this cut-off.
The court held that access to basic amenities like electricity is a fundamental right under Article 21 of the Constitution and found the cut-off date arbitrary and discriminatory.
The Court directed the release of a permanent electricity connection and struck down the impugned clause in the November 2024 notification.
Ajit
The Supreme Court, while hearing PTC India Limited's appeal against the Delhi High Court’s refusal to reject MB Power’s suit, issued an interim order restraining the encashment of a ₹15 crore Bank Guarantee and directed CERC to withhold its final order.
The key issue concerns the interpretation of “regulate” under Section 79(1) of the Electricity Act, 2003, whether it only refers to the power to make rules and regulations or also includes regulating electricity trade.
The dispute arose from the termination of a Power Purchase Agreement (PPA) between the parties and the return of a Bank Guarantee. The High Court previously held the suit maintainable.
The Supreme Court's final verdict is pending.
Sanjana
The Telangana High Court held that Natural Gas falls under Entry 23 of the 6th Schedule of the APGST Act, 1957, and is liable to be taxed as petroleum gas at every point of sale.
The petitioner argued that Natural Gas should be classified under Entry 118 of the 1st Schedule, which allows tax only at the first sale.
However, the respondent submitted that Entry 118 excludes petroleum gases. Since Natural Gas is similar to and used to petroleum gases, it would fall under Entry 23.
The Court accepted the respondent’s argument and held that Natural Gas is taxable at every stage of sale.
Krishna
The Oilfields (Regulation and Development) Amendment Bill, 2024, updates the 1948 law, clearly distinguishing oil and gas extraction leases from mining leases.
It removes outdated terms like "mine" and "excavated" for clarity and business ease. The bill broadens the definition of "mineral oils" and allows petroleum lease disputes to be settled through alternative methods, even internationally.
Business Standard / a month ago
Sanjana
The National Company Law Tribunal (NCLT) has rejected Talwandi Sabo Power Limited’s (TSPL) demerger plan, which was part of Vedanta Limited’s restructuring.
The decision came after SEPCO, a creditor, objected, stating that TSPL failed to disclose a ₹1,251 crore debt in its proposal. NCLT found that TSPL’s financial statements had acknowledged this liability since 2019, but it was left out of the creditor list, impacting transparency.
A bench ruled that this non-disclosure violated Section 230(2)(a) of the Companies Act, 2013, and could mislead creditors and shareholders, leading to the plan’s rejection.
Nishtha Gupta
The Bombay High Court has directed the Maharashtra government to finalize a legal framework for installing electric vehicle (EV) charging stations in housing societies, emphasizing its role in reducing air pollution.
A Mumbai resident had approached the court after his society denied permission to install a charging point.
The court noted that clean air is a fundamental right under Article 21 and urged swift action.
It also referenced the Maharashtra Cooperative Societies (MCS) Act, stating societies need clear guidelines to approve installations.
Authorities must now finalize and circulate rules to facilitate EV infrastructure in societies.
Mustafa
Vietnam has passed a new Electricity Law, effective February 1, 2025, aimed at modernizing its energy sector and fostering renewable energy growth.
The law introduces reforms to support market liberalization, including multi-component pricing, new trading mechanisms like term contracts and futures, and transparent bidding guidelines for energy projects.
It emphasizes the promotion of renewable energy sources such as solar, wind, and nuclear power, with incentives for small hydropower and offshore wind projects.
The law also facilitates private investment in energy storage systems, nuclear energy, and liquefied natural gas.
Aligned with Vietnam’s Power Development Plan 8, it sets a target for over 60% of installed capacity to come from renewables by 2050.
Sneha
China’s National People’s Congress has passed its first Energy Law, effective January 1, 2025, focusing on renewable energy and carbon reduction. The law promotes hydropower, wind, solar, biomass, hydrogen, and geothermal energy while encouraging cleaner fossil fuel use.
It aims to transition towards non-fossil energy consumption, introducing a carbon control system and shifting focus to CO2 emissions and intensity.
The law supports a new power system to better integrate renewables and establishes a green electricity certification to encourage renewable energy use. After years of drafting since 2006, this law aligns with China’s goal of carbon neutrality by 2060.
Sneha
The Delhi High Court ruled that fees collected by the Central Electricity Regulatory Commission (CERC) and Delhi Electricity Regulatory Commission (DERC) are exempted from GST.
A Division Bench quashed Show Cause Notices (SCNs) issued by GST authorities, alleging these fees constituted taxable services.
The Court held that commissions, as quasi-judicial tribunals performing regulatory and adjudicatory functions under the Electricity Act, 2003, are exempt under Schedule III of the GST Acts.
It emphasized that their fee collection is part of statutory duties, not business activities, making the SCNs arbitrary and unsustainable.
Business Standard / 3 months ago
Anvi
The Karnataka High Court struck down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022. The Court stated that according to the Electricity Act of 2003, only state commissions such as the Karnataka Electricity Regulatory Commission (KERC) have the authority to manage tariffs and open access.
Justice N S Sanjay Gowda remarked that the Act guarantees independent regulation without government interference. While recognizing India’s commitments to achieving net-zero emissions, the Court noted that Article 253 does not supersede existing legislation.
It instructed KERC to create new regulations if necessary and consider providing annual banking options for renewable energy producers, upholding the Act’s purpose of empowering state regulators.
Hritik
The Central Electricity Regulatory Commission (CERC) refused to approve a tariff for JSW’s standalone Battery Energy Storage System (BESS) project, which was discovered through competitive bidding. The tariff was deemed unreasonably high compared to market trends, as newer tenders reported lower rates.
The delay in executing the Battery Energy Storage Purchase Agreement (BESPA), though not JSW's fault, caused a mismatch between the quoted tariff and market realities. CERC emphasized consumer interests, rejecting the tariff as fact-specific.
This decision highlights regulatory scrutiny of outdated tariffs while urging tendering authorities to address delays proactively.
Questions now arise about liability among JSW, Solar Energy Corporation of India Limited (SECI), and Gujarat Urja Vikas Nigam Limited (GUVNL), with potential legal and financial implications, reflecting the complexity of evolving energy project dynamics.
Sneha
The Supreme Court approved the Municipal Corporation of Delhi's authority to issue the tariff-based bid and request for proposal (RFP) for setting up the Waste to Energy project (WTE) at Narela Bawana, Delhi, highlighting its importance for the city's waste management challenges
The Court overturned a prior decision made by the Appellate Tribunal for Electricity (APTEL) and confirmed that the WTE project serves the public good.
The Court emphasized the importance of effective waste management rather than relying on any particular legal precedent, reinforcing the MCD’s powers under the Electricity Act, of 2003.
Hritik
The Competition Commission of India (CCI) dismissed AGI Greenpac Limited's allegations of excessive pricing and refusal to enter a tripartite agreement against Bhagyanagar Gas Limited.
The CCI found that price variations were due to distinct market conditions, tax structures and sourcing mechanisms, invalidating the excessive pricing claim.
The refusal to enter a tripartite agreement was deemed lawful, as Bhagyanagar Gas was not designated a “Common Carrier” under the PNGRB(Petroleum and Natural Gas Regulatory Board) Act.
The Commission concluded that disputes regarding pricing transparency and the Gas Supply Agreement (GSA) were contractual, not competition-related, closing the case under Section 26(2) of the Competition Act.
Chaheta
The Rajya Sabha has passed the Oilfields (Regulation and Development) Amendment Bill, 2024, aimed at modernizing India's energy laws.
The bill separates oil and gas operations from mining, making it easier for companies to invest. It introduces a new type of lease called "petroleum lease" to cover activities like exploration, production, and processing.
Instead of imprisonment, companies will face fines for certain violations, making the rules more investor-friendly.
The bill includes more types of oil and gas, like shale gas and coal bed methane. It provides better ways to resolve disputes related to oil and gas leases.
Chahat
U.S. authorities allege a $265 million bribery scheme involving Gautam Adani, his nephew Sagar Adani, and Adani Green Energy's MD, Vneet S. Jaain, to secure Indian power contracts. The group is also accused of misleading U.S. investors during fundraising activities.
Adani companies faced an initial $34 billion market value loss, though stocks later showed recovery. France’s Total Energies paused a $4 billion investment in Adani Green Energy, citing governance concerns.
Opposition parties in India criticized the government, accusing it of shielding Adani and disrupting parliamentary sessions.
The group denies all allegations as “baseless,” pledging to pursue legal recourse while reaffirming its commitment to compliance and resilience.
The allegations have raised questions about governance, transparency, and Adani's international partnerships.
Chahat