Supreme Court Sides with Wind Energy Firms in Tariff Case Against GUVNL.
04-August-2025
Civil Appeals >> Civil & Consumer Law
The core issue was whether the four respondent companies—Green Infra Corporate Wind Private Limited, Vaayu (India) Power Corporation Private Limited, Green Infra Wind Power Limited, and Tadas Wind Energy Private Limited—were entitled to approach the Gujarat Electricity Regulatory Commission (GERC) for a separate tariff determination. This was based on their decision not to claim accelerated depreciation benefits, as opposed to being bound by the tariff fixed in their Power Purchase Agreements (PPAs) with GUVNL.

Background of the Case:
The four respondent companies signed PPAs with GUVNL, which included a clause specifying the fixed rate of Rs. 3.56 per kWh, the tariff applicable to projects that claimed accelerated depreciation. Despite signing these agreements, the companies later petitioned the GERC to determine a project-specific tariff, asserting that they had not availed the accelerated depreciation benefit. GUVNL opposed this, arguing that the companies were bound by the signed PPAs and that GUVNL would not have entered into the agreements had the projects opted for a case-specific tariff.
Court's Reasoning and Judgment:
The court found that GUVNL never secured written commitments from the companies that they would only avail accelerated depreciation. Therefore, GUVNL could not use its dominant position to bind the companies to an inapplicable tariff for the entire project life. The court concluded that since the four companies did not avail the accelerated depreciation benefit, the tariff meant for projects that did was "wholly inapplicable" to them. The court upheld the orders of both the GERC and the Appellate Tribunal for Electricity (APTEL), which had previously ruled in favor of the wind energy companies.
Section 61, ELECTRICITY ACT - 2003
Section 62, ELECTRICITY ACT - 2003
Section 86, ELECTRICITY ACT - 2003