Now Reading: SG flags APTEL bias to CJI after Fadnavis letter to PM
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SG flags APTEL bias to CJI after Fadnavis letter to PM
Solicitor General Tushar Mehta on Friday requested Chief Justice of India Surya Kant to examine the functioning of the Appellate Tribunal for Electricity (APTEL), days after Maharashtra Chief Minister Devendra Fadnavis wrote to Prime Minister Narendra Modi alleging the tribunal has a pro-private power developer bias. Mehta made the request while seeking an urgent hearing of an appeal by the Maharashtra Electricity Regulatory Commission (MERC) against JSW Energy Ltd.
MERC has challenged APTEL's refusal to send a case back to the state regulator for fresh consideration. The case involves a dispute between Maharashtra State Electricity Distribution Co (MSEDC) and JSW over the applicability of a central government notification on imported coal-based power plants. MERC initially ruled against MSEDC but later sought to revisit its decision, which APTEL denied, calling the request 'intriguing' and an attempt at 'forum shopping'.
In his letter to the PM, Fadnavis cited several examples of what he described as arbitrary adverse treatment of public utilities by APTEL and urged an examination of the tribunal's functioning to protect the interests of government companies.
Indian Opinion Analysis
The SG's unusual direct appeal to the CJI reflects a growing friction between state governments and APTEL over power sector disputes. APTEL, established under the Electricity Act 2003, is the final appellate body for electricity regulatory matters. The central notification of May 5, 2022, on full-capacity operation of imported coal plants was issued amid a power crisis, and its interpretation affects tariffs worth crores. If the CJI takes cognisance, it could lead to a review of APTEL's procedures. The next step is whether the Supreme Court lists the matter for hearing.
Source: timesofindia.indiatimes.com
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