Law: Regulation of Generation Transmission and Distribution of Electric Power Act, 1997

Section: 15

Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)-- ---.---S. 15---.---Captive Power (CP) and Independent Power Producers (IPP)---.---Plaintiff was holding licence to generate electricity and it claimed to be entitled to Sui Gas tariff applicable to IPPs on the ground that it was selling electricity in bulk either to its sister concern or to any other independent entity---.---Validity---.---Independent Power Producers after executing all agreements provided their energy produced by them either to national grid or to Bulk Power Consumers through national grid---.---Distinction between Captive Power and Independent Power Producer was justified as any corporate entity for the purpose of its sole benefit could incorporate any company for uninterrupted supply of energy to its sister concerns and could at the same time claim concession as being Independent Power Producers, which could not provide a fair opportunity to all other entities to thrive in such competitive market---.---Such prerogative/concessions and indulgence were for independent Power Producers which provided energy to National Grid to overcome shortfall irrespective of their interest as to whom such energy was being provided---.--- If IPPs were allowed to sell electricity to consumers of their choice and then claim all sorts of concession then it could not justify reasoning of creating IPPs who were to cater National Grid-- Reasoning and logics assigned to all such classes such as IPP, CPP and SPP were thus justified---.---Since the year 1999 and more importantly since the Policies of 1994 and 2002 were introduced, plaintiff had never considered it to be an IPP; it would be highly inequitable if an entity was allowed to repudiate a former instance or act to deny a constant approach of another entity or person who had been all along insisting on it constantly---.---Plaintiff could not be considered as Independent Power Producer and it failed to establish the same---.---Suit was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHAFI SIDDIQUI, JUSTICE;---.--- The first bunch of the suits i.e. suits at serial Nos.1 to 8 are filed for declaration and…