U.P. Power Corporation Limited Thru M.D. Vs Central Electricity Regulatory Commission Thru Secy. (Allahabad High Court)
The Allahabad High Court has dismissed a series of writ petitions filed by the U.P. Power Corporation Limited (UPPCL) challenging notifications from the Central Electricity Regulatory Commission (CERC). The court’s decision, reached after extensive arguments, directs UPPCL to pursue its grievances through the statutory appellate tribunal established under the Electricity Act, 2003, rather than through a writ petition.
The dispute centered on the CERC’s imposition of Unscheduled Interchange (UI) charges, which UPPCL claimed were excessive and improperly fixed. The petitions challenged notifications issued under both the CERC (Terms and Conditions of Tariff) Regulations, 2004, and the later CERC (Unscheduled Interchange charges and related matters) Regulations, 2009.
Initially, when the first petition was filed in 2004, a statutory appellate body was not yet in place, leading the High Court to entertain the matter. However, the situation had since changed. The appellate forum, constituted under Section 111 of the Electricity Act, 2003, is now operational and equipped to handle such disputes.
During the proceedings, the respondents, including the CERC and NTPC, raised a preliminary objection regarding the maintainability of the writ petitions. They argued that a specialized appellate tribunal, staffed with technical experts, was the appropriate forum to examine the factual and technical issues at the heart of the dispute. They contended that a writ court, under Article 226 of the Constitution, was not the suitable venue for such complex matters.
