The Appellate Tribunal for Electricity (APTEL) order, which reinstated the tariff of ₹8.40 per unit to different solar power developers and extended the planned commissioning date for the commercial operation of a solar power project in Karnataka due to a force majeure clause, has been upheld by the Supreme Court.
The Supreme Court further stated that constitutional courts ought to use caution while examining the rulings of specialized tribunals, particularly when dealing with matters that call for in-depth industry knowledge and technical proficiency. According to a bench of justices PS Narasimha and Pankaj Mithal, this is “a necessary measure to enable freedom to statutory regulators and tribunals to develop sectoral laws through a principled and consistent approach”.
The top court ruled that the tribunal had correctly reinstated the pricing and ordered BESCO to reimburse the farmers for the difference in the tariff per unit as well as the late payment premium, overturning KERC’s previous judgment that had lowered the tariff.
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