Power Grid Corporation Of India Limited vs Madhya Pradesh Power Transmission Company Limited 2025 INSC 697 - S. 79 Electricity Act
Electricity Act - Section 79 -CERC is enabled to exercise its regulatory powers by way of orders under Section 79 and the purview of Section 79 is not limited to only adjudicatory orders but includes within its scope administrative functions as well- The regulatory powers provided to the CERC under Section 79 are of ad hoc nature and are required to be exercised by the CERC in context of the specific circumstances of the parties before it. (Para 48) Grant of compensation for delay on the part of a party is a regulatory function. CERC is empowered to order for imposition of transmission charges on the party to whom delay is attributable. (Para 66)
Electricity Act - Section 79,178- CERC functions as both, decision-making and regulation-making authority under Sections 79 and 178 respectively. However, while the authority exercising both these functions is one and the same, it is a settled position of law that the functions by themselves are separate and distinct. The functions under Section 79 are administrative or adjudicatory whereas those under Section 178 are legislative (Para 38)- The absence of a regulation under Section 178 does not preclude the CERC from exercising its powers under Section 79(1) to make specific regulations or pass orders between the parties before it. (Para 43) Unlike the regulations enacted under Section 178 that have a general application, the CERC, under Section 79, has both regulatory and adjudicatory functions which it exercises in respect of specific issues arising between specific parties.(Para 47)
