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ENERGY, INFRASTRUCTURE & NATURAL RESOURCES LAW CORNER BULLETIN FEBRUARY & MARCH 2026

25 Apr 2026 India 46 min read

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INTRODUCTION

The months of February and March 2026 saw significant legal and regulatory developments across India’s energy, infrastructure, and natural resources sectors, underscoring the Government of India’s continued focus on energy transition, market reform, infrastructure expansion, and regulatory certainty.  In the energy sector, key developments include amendments to the regulatory framework governing captive power generation, and consumer rights, as well as the materialising regimes for carbon credit trading and renewable energy certificates. In addition, policy measures strengthened safety and technical standards for emerging technologies such as battery energy storage systems, green hydrogen and green ammonia ecosystem, and mandated higher ethanol blending levels in motor spirit.

The oil and gas sector witnessed heightened regulatory oversight in response to global supply disruptions, with measures prioritising natural gas allocation, regulating liquified petroleum gas (the “LPG”) usage, streamlining pipeline development, facilitating compressed biogas injection, and strengthening consumer protection and digital grievance redressal frameworks. 

The infrastructure sector developments include rollout of financing and incentive mechanisms under the Maritime Development Fund, enforcement of new legislative frameworks governing ports, coastal shipping, and merchant shipping, and the introduction of safety‑centric regulations for highways, tunnels, and transport infrastructure. The natural resources space witnessed strengthened oversight of offshore mineral operations and proposed measures to enhance transparency, digital governance, and price discovery through amendments to mineral auction and concession frameworks.

Judicial and regulatory bodies further shaped the landscape, with the Supreme Court reinforcing land‑use discipline, environmental safeguards, and fairness in fiscal policy changes, while regulators – Central Electricity Regulatory Commission and Appellate Tribunal for Electricity - addressed critical issues relating to tariff determination, grid connectivity, change‑in‑law relief, and contractual stability. 

This edition of the Energy, Infrastructure and Natural Resources Law Corner Bulletin presents a consolidated overview of these developments from February and March 2026.

KEY REGULATORY UPDATES

MINISTRY OF POWER

Revised Guidelines for Coal and Lignite Based Thermal Power Plants for Disposal of Current and Legacy Ash.

The Ministry of Power (the “MoP”) issued revised guidelines for coal and lignite-based thermal power plants for disposal of current and legacy ash (the “Revised Guidelines”) on January 30, 2026. The Revised Guidelines align with the ash utilisation framework prescribed under the notification issued by the Ministry of Environment, Forest and Climate Change dated December 31, 2021, as amended on December 30, 2022, and January 1, 2024. The Revised Guidelines mandate transparent ash disposal mechanisms, prioritises auction and industry tie-ups, provides concessional allocation for micro and small enterprises and local users, and designates the Central Electricity Authority to monitor implementation.

Draft Amendment to the Electricity (Rights of Consumers) Amendment Rules, 2020 

The MoP has on March 12, 2026, issued draft Electricity (Rights of Consumers) Amendment Rules, 2026 (the “Rights of Consumers Amendment Rules”), which are expected to come into effect from October 1, 2026. The Rights of Consumers Amendment Rules, proposes to amend the Electricity (Rights of Consumers) Rules, 2020 in the following manner: 

1. introduces demand response to manage grid demand by incentivising consumers to shift usage to low-demand periods and requires distribution licensees to flag abnormal consumption patterns in billing cycles;

2. extends timelines for time-of-day tariffs—to April 1, 2027 (for large commercial/industrial consumers) and April 1, 2028 (for others, excluding agriculture) as well as allowing regulators to mandate energy storage for prosumers with renewable energy capacity above 500 kW;

3. rationalisation of grievance mechanisms by limiting Consumer Grievance Redressal Forums to two levels—company and district/municipality;

4. the Central Electricity Regulatory Commission will prescribe a detailed framework for implementing demand response, including eligibility, incentives, and system requirements.

Amendment to the Electricity Rules, 2005 

The MoP on March 13, 2026, notified the Electricity (Amendment) Rules 2026 (the “Amendment”) amending Rule 3 of the Electricity Rules, 2005 (the “Electricity Rules”). Rule 3 of the Rules, 2005 governs the qualification of a power plant as a captive generating plant (“CGP”). 

While the Amendment retains the core eligibility thresholds for qualifying as a captive generating plant under Rule 3, it provides clarity on several existing interpretational ambiguities to align it with judicial precedents and contemporary corporate structures. A key change introduced by the Amendment is the shift from the existing proportionality principle applicable to associations of persons to a collective satisfaction framework. Under the earlier regime, captive users were required to consume electricity in proportion to their ownership, subject to a permissible variation of 10%. This requirement has now been dispensed with, allowing captive users to collectively satisfy the twin thresholds of minimum 26% ownership and 51% captive consumption, aligning associations of persons with registered co-operative societies.

The Amendment expands the definition of ‘Captive User’ being a company, to include its subsidiaries, its holding company, and other subsidiary(y)/(ies) of such holding company, treating all as a single captive user. It correspondingly also broadens the definition of ‘ownership’.

The Amendment further introduced a cap on captive consumption linked to proportionate ownership entitlement. Individual captive consumption is limited to 100% of the user’s proportionate entitlement, except in cases where a captive user holds more than 26% ownership. The Amendment also statutorily incorporates the weighted average principle to address mid-year changes in ownership. Additionally, the authority for verification in respect of inter-state projects has been from the Central Electricity Authority to the National Load Despatch Centre, while state-designated nodal agencies will be responsible for intra-state projects. The Amendment also provide for an appellate mechanism through a Grievance Redressal Committee to be constituted thereunder. 

Readers may refer for further information,

Launch of Indian Carbon Market Portal

On March 21, 2026, the Government of India during the International Conference on Carbon Market – Prakriti 2026, organised by the Bureau of Energy Efficiency under the patronage of the MoP and Ministry of Environment Forest and Climate Change (the “MoEFCC”), announced the launch of the Indian Carbon Market Portal – which will act as a central platform for implementing and administering the Indian carbon market.

Directions to Imported Coal-Based Generating Companies under Section 11 of the Electricity Act, 2003 

The MoP, on March 22, 2026, issued the directions to imported coal-based (“ICB”) plants under Section 11 of the Electricity Act, 2003 (the “Directions to ICBs”) in view of the prevailing demand-supply scenario and the consequent expected rise in the electricity demand in the ensuing months. The Directions to ICBs include the following: 

  1. the ICB plants of Coastal Gujarat Power Limited will operate at full capacity, maintain adequate coal stock, and continue operations notwithstanding dues, with no availability penalties under Section 11 directions of the Electricity Act 2003.
  2. a committee will determine a benchmark tariff, with the energy charge rate capped at the lowest of prescribed coal cost metrics, including deduction of any mining profits and such tariff will be reviewed on fortnightly basis. 
  3. in this respect procurers may opt for benchmark or mutually agreed tariff, with fixed charges as per their power purchase agreement, in respect of which, payments will be made weekly backed by a payment security mechanism (a letter of credit/an advance), failing which power may be diverted to exchanges.
  4. power supply will be prioritised to power purchase agreement holders, with any unscheduled or surplus power being offered to other procurers or sold on exchanges; generators may also sell power if not requisitioned with due notice.
  5. sale on power exchanges will be mandatory where market price exceeds tariff, with net profits in such cases being shared equally between generator and procurers.

MINISTRY OF NEW AND RENEWABLE ENERGY

Publication of Green Ammonia Standards for India 

In furtherance of the National Green Hydrogen Mission approved by the Government of India, the Ministry of New and Renewable Energy (the “MNRE”) on February 27, 2026, has specified green ammonia to mean ammonia (NH₃) produced using green hydrogen. The definition also covers ammonia produced using renewable energy, including electricity generated from renewable sources that is either stored in energy storage systems or banked with the grid. The MNRE has further prescribed that the total non-biogenic greenhouse gas emissions arising from the production of green hydrogen, ammonia synthesis, purification, compression, and on-site storage must not exceed 0.38 kilograms of carbon dioxide equivalent per kilogram of ammonia, calculated as an average over a preceding 12 (twelve) month period.

Amendment to the ALMM Order for Implementation of ALMM for Wafers 

The MNRE on March 17, 2026, notified amendments (the “ALMM Amendments”) to the Approved Models and Manufacturers (the “ALMM”) of Solar Photovoltaic Modules (Requirements for Compulsory Registration) Order, 2019 (the “ALMM Order”). Through the ALMM Amendments, MNRE has issued List – III of wafers under the ALMM Order (the “ALMM List – III”), which will be effective from June 1, 2026, onwards. Under the ALMM Amendments, the ALMM List – III will not be issued unless it contains at least 3 (three) wafer manufacturing units operating independently and not under any common ownership or control.  Further for enlistment, the wafer manufacturer should also have an ingot manufacturing capacity equivalent to the wafer manufacturing capacity that it intends to get enlisted in the ALMM. All projects falling under the purview of the ALMM are required to mandatorily source their solar PV modules from models and manufacturers enlisted in the ALMM List I and in turn use solar PV cells from amongst the models and manufacturers enlisted in the ALMM List-II and such solar PV cells will in turn be obligated to use wafers from amongst the models and manufacturers enlisted in the ALMM List-III.

Small Hydro Power (SHP) Development Scheme 

The Union Cabinet on March 18, 2026, approved the Small Hydro Power Development Scheme (“SHP Scheme”) for the financial year 2026-2027 to financial year 2023-2031 with an outlay of INR 2,584.60 crore (Indian Rupees Two Thousand Five Hundred Eighty‑Four Crore and Sixty Lakh) for installation of small hydro power project (“SHP”) of approximate capacity of 1500 MW. Under the SHP Scheme, northeastern states and districts with international border, will be eligible for central financial assistance to the tune of INR 3,60,00,000 (Indian Rupees Three Crore Sixty Lakh) per MW or 30% of the project cost, whichever is lower, while for projects in other states,  an outlay of INR 2.4 crore (Indian Rupees Two Crore Forty Lakh) per MW or 20% of the project cost, whichever is lower, will be available as central financial assistance.

CENTRAL ELECTRICITY AUTHORITY

Clarification on Acceptance of In-House Type Testing of any Electrical Equipment/Material in NABL-Accredited Laboratories of CEA’s Type Test Guidelines 

The Central Electricity Authority (the “CEA”) on March 19, 2026, has issued a clarification to the Guidelines for the Type Tests for Major Equipment of the Power Sector, 2026 (the “Type Test Guidelines”), specifically addressing the interpretation of Clause 3(d) of the Type Test Guidelines. The clarification responds to stakeholder queries regarding whether type tests conducted in manufacturer’s own National Accreditation Board for Testing and Calibration Laboratories (the “NABL”) ‑accredited laboratory may be witnessed solely by the manufacturer’s personnel. The CEA has reaffirmed that while in‑house testing is permitted, acceptance of such tests is contingent upon the laboratory being the NABL‑accredited and the tests being witnessed by an external representative—either from another NABL‑accredited laboratory, a purchasing utility, or, where both are unavailable, a representative of the CEA, in that sequence. Employees of the manufacturer are not permitted to act as witnesses. The CEA also notes that this requirement is consistent with the earlier 2022 guidelines, which similarly mandated independent witnessing for in‑house type tests. All stakeholders are therefore required to strictly comply with Clause 3(d) as clarified. 

The Type Test Guidelines have been previously detailed in our January Newsletter, which readers may refer to for further information.

Central Electricity Authority (Measures relating to Safety and Electric Supply) Amendment Regulations, 2026. 

The CEA on March 27, 2026, notified the Central Electricity Authority (Measures relating to Safety and Electric Supply) Amendment Regulations, 2026 (the "BESS Safety Amendment"), introducing a dedicated safety framework for Battery Energy Storage Systems (the "BESS"), which will come into effect from April 1, 2027. 

The BESS Safety Amendment amends the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023 (the "2023 Regulations"), which is the principal regulatory framework governing electrical safety, installation, operation, and maintenance of electricity supply systems in India. The BESS Safety Amendment introduces technology-specific safety requirements to address risks unique to BESS, such as thermal runaway, fire, explosion, and chemical hazards.

The BESS Safety Amendment sets out obligations covering system design, battery management systems, power conversion systems, cooling and ventilation systems. The BESS installations operating above 650 volts are required to undergo an independent third‑party fire safety audit which will have to be submitted to the Electrical Inspector.  While installations operating at 650 volts and below are required to comply with other applicable standards. 

CENTRAL ELECTRICITY REGULATORY COMISSION

Central Electricity Regulatory Commission (Terms and Conditions for Purchase and Sale of Carbon Credit Certificates) Regulations, 2026. 

On February 27, 2026, the Central Electricity Regulatory Commission (the “CERC”) notified the CERC (Terms and Conditions for Purchase and Sale of Carbon Credit Certificates) Regulations, 2026 (the “Carbon Credit Regulations”), establishing the regulatory framework for trading carbon credit certificates (the “Carbon Credits”) under the Carbon Credit Trading Scheme, 2023.

The Carbon Credit Regulations recognise the Grid Controller of India Limited as the national registry responsible for maintaining carbon credit accounts and recording transactions, while the Bureau of Energy Efficiency functions as the market administrator overseeing procedures, participant registration, transparency, and compliance. 

Under the Carbon Credit Regulations, trading of Carbon Credits is permitted primarily through power exchanges and is structured across two segments—the ‘Compliance Market’ for obligated entities required to meet notified emission norms, and the ‘Offset Market’ for non-obligated entities generating emission reductions.  The Carbon Credit Regulations further set out the core rules on price discovery, trading protocols, and reporting.

Central Electricity Regulatory Commission (Terms and Conditions of Tariff) (Second Amendment) Regulations, 2026. 

The CERC has notified the Second Amendment to the CERC (Terms and Conditions of Tariff) Regulations, 2024 (the “Tariff Amendment Regulations”) on March 20, 2026, formally bringing Integrated Energy Storage Systems (the “IESS”) within the regulated tariff framework for coal, lignite and gas‑based generating stations and the inter‑state transmission system, excluding competitively bid projects. The Tariff Amendment Regulations were previously issued in draft form. The Draft Tariff Amendment Regulations have been detailed in our November - December 2025 Newsletter, which readers may refer to for further information.

Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) (First Amendment) Regulations, 2026 

The CERC on March 24, 2026, notified the CERC (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) (First Amendment) Regulations, 2026 (the “REC Amendment Regulations”). The REC Amendment Regulations were previously issued in draft form. The Draft REC Amendment Regulations have been detailed in our September-October 2025 Newsletter, which readers may refer to for further information.

MINISTRY OF PETROLEUM AND NATURAL GAS

Notification Mandating Sale of Ethanol Blended Motor Spirit up to 20% Ethanol with Minimum RON 95 

The Ministry of Petroleum and Natural Gas (the “MoPNG”), vide notification dated February 17, 2026, has issued directions under Section 3 of the Essential Commodities Act, 1955 read with Paragraph 6 of the Motor Spirit and High-Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 2005 (the “MoPNG Directions”). 

The MoPNG Directions mandate that oil companies will sell Ethanol Blended Motor Spirit containing up to 20% ethanol (E20), conforming to the specifications prescribed by the Bureau of Indian Standards and maintaining a minimum Research Octane Number (RON) of 95. The Central Government retains the authority to permit ethanol-blended petrol with alternative RON specifications in special circumstances. The MoPNG Directions will come into force on April 1, 2026.

Natural Gas Supply Regulation, 2026 

The MoPNG on March 9, 2026, issued the Natural Gas Supply Regulation, 2026 (the “Natural Gas Supply Regulation”) with a view to maintain supplies and securing equitable distribution and availability of natural gas for priority sector in furtherance of the ongoing conflict in the Middle East that has resulted in the disruption of liquefied natural gas shipments through the Strait of Hormuz.  Under the Natural Gas Supply Regulation, various sectors have been subdivided in the order of their priority for distribution of natural gas. Gas Authority of India Limited along with Petroleum Planning and Analysis Cell (the “PPAC”) have been tasked to implement pooling in the manner as contemplated in it. The prioritisation has been effectuated in the following manner:

Priority Sector IPriority Sector IIPriority Sector IIIPriority Sector IV

Domestic Piped Natural Gas (PNG) Compressed Natural Gas (CNG) Liquified Petroleum Gas (LPG) production, pipeline compressor fuel & essential pipeline operations.

Allocation: 100% of past six‑month average consumption (subject to operational availability)

Fertiliser plants.

Allocation: 70% of past six‑month average consumption

Tea industries, manufacturing units & other industrial consumers on the national gas grid

Allocation: 80% of past six‑month average consumption

Industrial & commercial consumers supplied through city gas distributors

Allocation: 80% of past six‑month average consumption

Amendment to the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 

The MoPNG on March 14, 2026, notified amendments (the “LPG Supply and Distribution Amendment”) to the LPG (Regulations of Supply and Distribution) Order, 2000 (the “LPG Supply and Distribution Order”). The LPG Supply and Distribution Amendment introduce subclause 5 to clause 3 - barring any person, having a piped natural gas connection and a domestic the LPG connection to retain a domestic the LPG connection, or take refills of domestic the LPG cylinders from any government oil company or through its distributors. In addition to barring the retention of a domestic the LPG connection in case of an already piped natural gas connection, the LPG Supply and Distribution Amendment also prohibit any person already having a piped natural gas connection to obtain a domestic the LPG connection and lists the same as a prohibited activity for government oil companies.   

Petroleum and Natural Gas (Furnishing of Information) Order, 2026 

On March 18, 2026, the MoPNG notified the Petroleum and Natural Gas (Furnishing of Information) Order, 2026 (the “Furnishing of Information Order”). The Furnishing of Information Order designates the PPAC as the nodal agency of the purposes of collection, compilation, maintenance and analysis of information required to be furnished under the (a) Petroleum Products (Maintenance of Production, Storage and Supply) Order, 1999 and (b) Natural Gas (Supply Regulation) Order, 2026. Through the effect of the Furnishing of Information Order, every entity engaged in the production, processing, refining, storage, transportation, import, export, marketing, distribution or consumption of petroleum products or natural gas, including but not limited to crude oil producers, oil refining companies, oil marketing companies, natural gas pipeline operators etc., are required to furnish to the PPAC, information relating production, imports, exports, stocks, storage, allocation, transportation, supply, consumption and utilisation of petroleum products or natural gas, aggregated or disaggregated by geography, time or consumers and such other information as may be sought by the PPAC.

Natural Gas and Petroleum Products Distribution (Through Laying, Building, Operation and Expansion of Pipelines and Other Facilities) Order, 2026 

On March 24, 2026, the MoPNG, issued the Natural Gas and Petroleum Products Distribution (Through Laying, building, Operation and Expansion of Pipelines and Other Facilities) Order, 2026 (the “Distribution Order”). The Distribution Order has been issued to lay a uniform framework to address issues that hinder the laying of pipelines such as grant of right of way or right of user in the land, high fee and charges, to enable entities to undertake the laying of pipelines for transportation of natural gas and petroleum products in a time bound manner. 

The Distribution Order provides time limits (in Part II of the First Schedule) to all public entities to either grant or reject permissions for enabling any desirous and authorised entity to lay, build or expand any pipeline for transportation of natural gas or any other facilities over or under a public area within the jurisdiction of the relevant public entity. If a public entity fails to act within the prescribed timeline, permission is deemed granted, and where a non‑public entity denies permission with no alternative route, the authorised entity may approach the designated officer.

PETROLEUM AND NATURAL GAS BOARD

Guidelines for Injection of Compressed Biogas into Natural Gas Pipeline and City Gas Distribution Networks 

The Petroleum and Natural Gas Board (the “PNGRB”) on February 11, 2026, has published the Guidelines for Injection of Compressed Biogas into Natural Gas Pipeline and City Gas Distribution Networks (the “Injection Guidelines”). The Injection Guidelines have been issued to ensure the safety and integrity of facilities associated with the injection of biogas (biomethane) into Natural Gas Pipeline (the “NGPL”) and City Gas Distribution (the “CGD”) networks. The Injection Guidelines cover design, installation, testing, commissioning, and operation of injection facilities up to the injection point, and require compliance with, inter-alia, the PNGRB technical standards for the NGPL and the CGD networks.

Petroleum and Natural Gas Regulatory Board (Consumer Protection) Regulations, 2025. 

The PNGRB has notified the Petroleum and Natural Gas Regulatory Board (Consumer Protection) Regulations, 2025 on March 19, 2026. (the “Consumer Protection Regulations”). The Consumer Protection Regulations apply to all entities engaged in the refining, processing, storage, transportation, distribution, marketing, or sale of petroleum, petroleum products, and natural gas, including the CGD entities, oil marketing companies, the LPG distributors, retail outlet dealers, pipeline operators, and allied businesses. It covers all categories of consumers, 

including domestic, commercial, industrial gas consumers, and customers at petrol and diesel retail outlets. Key provisions include:

  1. Consumer Rights: The regulations codify consumer rights, including the right to safety, accurate information, choice, grievance redressal, quality and assured supply, protection against unfair trade practices, and consumer education.
  2. Grievance Redressal Framework: A standardised four‑tier grievance redressal mechanism is mandated, comprising the Consumer Complaint Cell, the designated Nodal Officer, the Appellate Authority at the entity level, and final escalation to the PNGRB Integrated Grievance Management System (IGMS), the Ombudsman, or the Board, with provisions for both automatic and consumer‑initiated escalation.
  3. Turnaround Times: Defined turnaround times apply across consumer segments.
  4. Compensation: The regulations introduce a structured compensation framework for service deficiencies attributable to regulated entities, payable without a separate complaint where applicable. 
  5. Transparency and Disclosure: Regulated entities are required to ensure enhanced transparency through multilingual disclosure of pricing, service standards, grievance redressal contacts, compensation frameworks, and safety information across digital platforms, consumer interfaces, and billing. 
  6. Governance: Regulated entities must constitute a Board‑level Consumer Protection Committee within 90 (ninety) days, conduct annual consumer satisfaction surveys through independent third‑party agencies empanelled by the Board, and allocate at least 0.1% of profit after tax towards consumer awareness and education programmes. 

The PNGRB on April 2, 2026, has issued a public notice announcing that all provisions of the Consumer Protection Regulations, 2025 have been temporarily relaxed. This notice states that compliance with timelines, service standards, reporting, and related requirements will remain in abeyance until further orders.

Launch of PNGRB Integrated Grievance Management System (IGMS) Portal - Advisory to Oil & Gas Entities 

The PNGRB, on March 20, 2026, announced the launch of the Integrated Grievance Management System (“IGMS”) Portal — a centralized, single‑window online platform aimed at strengthening consumer grievance redressal in the oil and gas sector by enabling escalation of unresolved complaints related to the CGD(the PNG/the CNG), the LPG, and retail outlets. It discontinued the earlier email‑based grievance mechanism in favour of a more transparent, efficient, and accountable system.

Annoucement of Mandatory Submission of Applications through PNGRB e-Portal

The PNGRB, has informed stakeholders, through a public notice dated March 24, 2026, that it has developed and operationalized a comprehensive the PNGRB e‑Portal to promote transparency, efficiency, digital governance, and has mandated that all applications and regulatory submissions by entities and stakeholders in the oil and gas sector will be made exclusively through this e‑Portal. The portal will serve as a single integrated digital platform for a wide range of regulatory processes, including applications and related submissions under the NGPL, petroleum and petroleum product pipeline, the CGD frameworks, matters relating to tie‑in connectivity, laying of spur lines, pipeline extension or expansion, etc. All future applications and related submissions must be filed only through the e‑Portal. Physical submission of applications or documents will not be entertained with effect from April 01, 2026, with all concerned entities advised to register on the portal at the earliest.

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

Amendment to the Environmental Impact Assessment. 

The MoEFCC, on March 5, 2026, notified amendments (the “EIA Amendments”) to the notification issued by erstwhile Ministry of Environment and Forest number S.O.1533(E) dated September 14, 2006 (the “EIA Notification”). Key modifications under the EIA Amendments include:

  1. the term of the State Level Environment Impact Assessment Authority has been increased from an earlier of 3 (three) years to now 4 (four) years, at the expiry of which, it will be re-constituted.
  2. introduction of a Standing Authority on Environment Impact Assessment for each state/union territory by the central government, discharging functions of the State Level Environment Impact Assessment Authority, in the event of the later becoming non-functional due to expiry of its term or any other reason. The Standing Authority on Environment Impact Assessment will discharge the functions of the State Level Environment Impact Assessment Authority for a maximum period of 6 (six) months subject to extension of up to a maximum period of 6 (six) months. 
  3. deemed categorisation of Category B projects as Central Level Category B projects in the absence of a duly constituted State Level Environment Impact Assessment Authority has been done away with.
  4. application for grant of environmental clearance, in the event it is not appraised by the concerned State Level Expert Appraisal Committee within a period of 120 (one hundred two) days from its submission, will be forwarded to the Standing Committee on the Environment Impact Appraisal through PARIVESH portal for consideration.

Plastic Waste Management (Amendment) Rules, 2026 

On March 31, 2026, the MoFCC notified the Plastic Waste Management (Amendment) Rules, 2026 (“Plastic Waste Management Amendment”). The Plastic Waste Management Amendment expands the scope of enforcement authorities to include urban local bodies, local authorities and panchayat. It further mandates recycled plastic packing to comply with prescribed Indian standards and labelling requirements and formalises the role of registered environmental auditors in compliance verification. The Plastic Waste Management Amendment further establishes State-Level Monitoring Committees for oversight and clarifies enforcement responsibilities across jurisdiction. It also introduces grades, category-wise targets for mandatory use of recycled plastic content by producers, importers and brand owners which will be subject to increase with time, alongside a minimum rigid plastic packaging.

CENTRAL POLLUTION CONTROL BOARD

Guidelines for Storage and Handling of Waste Solar Photo-Voltaic 

The Central Pollution Control Board (“the CPCB”) issued Guidelines for Storage and Handling of Waste Solar Photovoltaic Modules, panels or cells on March 12, 2026 (the “Guidelines for Storage and Handling”), under the E‑Waste (Management) Rules, 2022, to operationalise the regulatory framework for management of end‑of‑life solar equipment. The Guidelines for Storage and Handling respond to the projected rise in solar waste and associated environmental and health risks owing to hazardous constituents such as lead, cadmium, arsenic, antimony, and selenium contained in PV modules. In accordance with Chapter V of the E‑Waste (Management) 2022 Rules, producers, manufacturers, and recyclers are required to establish formal collection and take‑back mechanisms, prohibit disposal in open areas or landfills, ensure transportation through covered vehicles, and hand over solar waste exclusively to registered e‑waste recyclers. Manufacturers and producers are permitted to store waste solar PV modules only up to year 2034–35, subject to compliance with the CPCB prescribed conditions. 

The Guidelines for Storage and Handling further require solar waste to be stored safely until it is recycled. Storage areas are required to be covered, dry, and well ventilated, with solid, non‑leaking floors to stop harmful substances from polluting soil or groundwater. Solar panels must be stacked securely to avoid breakage, and any broken or damaged modules must be kept separately in strong, water‑resistant containers with clear labels. Facilities must also have fire safety equipment, emergency exits, and an emergency response plan. Workers handling solar waste must use proper safety gear such as gloves, safety shoes, and eye protection. Operators are required to regularly check storage areas, keep an updated record of stored waste, and carry out monthly inspections. 

NATIONAL HIGHWAYS AUTHORITY OF INDIA

Applicability of Insurance Surety Bonds on NHAI Contracts 

The National Highways Authority of India (the “NHAI”) on March 3, 2026, issued a consolidated circular on the Applicability of Insurance Surety Bonds (the “ISBs”) in the NHAI Contracts. The circular formalises the acceptance of ISBs as an instrument for bid security, performance security, mobilization advance, and other prescribed securities across the complete spectrum of the NHAI’s contractual models, including engineering, procurement and construction contracts, hybrid annuity model contracts, build–operate–transfer contracts, item rate contracts, operation and maintenance contracts, short‑term maintenance contracts, performance‑based maintenance contracts, non‑routine civil works, and black spot improvement works, as well as consultancy services for Authority Engineers and Independent Engineers. Through this circular, the NHAI consolidates earlier policy issuances and mandates that all requests for proposal, concession agreements, and tender documents, whether ongoing or future, must explicitly provide for the acceptance of the ISBs in lieu of bank guarantees wherever applicable.  

MINISTRY OF PORTS, SHIPPING AND WATERWAYS

Guidelines for Maritime Investment Fund under the Maritime Development Fund 

On February 26, 2026, the Ministry of Ports, Shipping and Waterways (the “MoPSW”) issued the Maritime Investment Fund Guidelines (the “MIF Guidelines”) pursuant to the approval of the Union Cabinet of India for the establishment of a Maritime Development Fund (the “MDF”) with a proposed corpus of INR 25,000 crore (twenty-five thousand crore). The MDF is intended to support the growth of the maritime sector and address its long-term financing requirements. 

Guidelines for Interest Incentivisation Fund under the Maritime Development Fund 

The MoPSW on February 26, 2026, issued guidelines for the interest incentivisation fund under the MDF framework (the “Interest Incentivisation Fund”). The Interest Incentivisation Fund aims to reduce borrowing costs for shipyards located in India by providing interest support on eligible loans, consequently improving their financial viability and encouraging modernisation, capacity expansion, and investment in the domestic shipbuilding sector through more affordable access to finance.

Marine Aids to Navigation (Vessel Traffic Services) Rules, 2026 

On March 12, 2026, the MoPSW, notified the Marine Aids to Navigation (Vessel Traffic Services) Rules, 2026 (the “Vessel Traffic Services Rules”). The Vessel Traffic Services Rules categorise vessel traffic services depending upon their deployment either within: (a) port or harbour limits, or (b) coastal waters. The Vessel Traffic Services Rules provide for appointment of a Competent Authority for authorising vessel traffic services providers, establishing standards for operations of such vessel traffic service providers, conducting audit, reviewing, and continuous improvement of the vessel traffic services and record keeping.

MINISTRY OF MINES

Offshore Areas Mineral (Prevention of Illegal Mining and Transportation) Rules, 2026

On February 3, 2026, the Ministry of Mines (the “MoM”) notified the Offshore Areas Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2026 (the “Offshore Areas Rules”) under the Offshore Areas Mineral (Development and Regulation) Act, 2002. The Offshore Areas Rules establish a regulatory framework to prevent illegal mining, storage, and transportation of minerals in India’s offshore areas, while strengthening monitoring and enforcement mechanisms. The Offshore Areas Rules apply to all offshore minerals except mineral oils and hydrocarbons and introduce measures such as digital monitoring, transit permits, and stricter compliance obligations to enhance transparency and accountability in offshore mineral operations.

Draft Mineral Exchange Rules, 2026 

The MoM on March 19, 2026, issued the Draft Mineral Exchange Rules, 2026 (the “Mineral Exchange Rules”) for public consultation and suggestions. The Mineral Exchange Rules envisages establishing a mineral exchange with the objective of: (a) designing commodity supply contract and facilitating transactions of such contract, (b) ensuring fair, transparent, neutral, efficient and robust price discovery and dissemination; and (c) ensuring efficient and timely supply of commodity in accordance with the terms of contract. An applicant desirous of being registered as a mineral exchange, among other criteria, must be company limited by shares incorporated or deemed to be incorporated under the provisions of the Companies Act, 2013,  must be demutualised, i.e., the ownership and management of the company must be segregated from the trading rights, and having a minimum net worth of INR 50,00,00,000 (fifty crore).

Registration as a mineral exchange under the terms of the Mineral Exchange Rules will be valid for a period of 25 (twenty-five) years from the date of its issuance and may be renewed by the Indian Bureau of Mines for a further period of 25 (twenty-five) years. 

Every mineral exchange  registered under the terms of the Mineral Exchange Rules would be obligated to maintain adherence to certain restrictions in its ownership structure, i.e.,  (a) no member of a mineral exchange or its client at any time, directly or indirectly can hold more than 5% (five percent) of the paid up equity share capital in the mineral exchange; and (b) at no time can  the members of a mineral exchange or its clients, in aggregate, acquire more than 49% (forty-nine percent) of the paid-up equity share capital in the mineral exchange. 

Mineral (Auction) Second Amendment Rules, 2026 

On March 30, 2026, the MoM notified amendments (the “Amendment to the Auction Rules”) to the Mineral (Auction) Rules 2021 (the “Auction Rules”). Key amendments introduced by the Auctions Rules are as follows:

  1. state governments have been empowered to exclude up to 25% (twenty-five percent) of mineral bearing area at block edges where mining is infeasible; 
  2. for notice inviting tenders issued after the Auction Rules, the payment of the second instalment of the upfront payment would be required to be made within a period of 1 (one) year from the date of issuance of the letter of intent;
  3. permissible extension for execution of mining lease deed can be effectuated for an additional 2 (two) years subject to committee approval and payment of the upfront amount of the mining lease in all the 3 (three) instalments as provided under the Mineral (Auction) Rules, 2015; 
  4. development of an online unified mining portal to carry out various purposes of the Auction Rules.

Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession (Second Amendment) Rules, 2026 

The MoM, on March 30, 2026, issued the Minerals (Other than Atomic and Hydro-Carbons Energy Minerals) Concessions (Second Amendment) Rules 2026 (the “Mineral Concession Amendment Rules”). The Mineral Concession Amendment Rules define ‘deep seated minerals’ and streamlines the procedure for inclusion of newly discovered minerals within existing mining leases. It further provides for timely reporting, a one-time expansion of mining lease or composite license areas to include contiguous zones with detailed procedures for prospecting, government approvals, and execution of supplementary agreements. The Mineral Concession Amendment Rules also rationalise sale provisions for captive mines, impose additional payments for minerals extracted from newly included areas and introduces stricter exploration requirements particularly for minor mineral leases exceeding specified thresholds. Further the Mineral Concession Amendment Rules also provide for structured mechanism for inclusion of non-minor minerals within minor minerals leases alongside enhanced compliance, reporting, and accounting obligations, thus promoting resource optimisation while ensuring transparency and regulatory control.

NITI AYOG

National Monetisation Pipeline 2.0 

On February 23, 2026, the Government of India launched the second phase of the National Monetisation Pipeline (the “NMP 2.0”), prepared by NITI Aayog in consultation with infrastructure ministries. The NMP 2.0 envisages a monetisation potential of approximately INR 16.72 lakh crore over financial year 2026–2030, including INR 5.8 lakh crore in private sector investment. The NMP 2.0 covers sectors such as highways, railways, power, ports, coal, mining and urban infrastructure. The initiative aims to unlock value from operational public assets through instruments such as public-private partnerships, strategic divestments and capital market structures, with proceeds expected to support new infrastructure development and capital expenditure.

KEY JUDICIAL PRONOUNCEMENTS

SUPREME COURT OF INDIA
Case TitleSummary

The State of Maharashtra & Ors V. Reliance Industries Ltd. & Ors | Judgement dated March 25, 2026. | Civil Appeal No. 3012-3026 of 2010. 

 

An exemption under a fiscal statute is a concession that does not confer a vested right; the State may withdraw or modify it in public interest, with doctrines of promissory estoppel and legitimate expectation not operating as a bar. However, such withdrawal must be affected in a fair and reasonable manner.

 

 The appeal arose from two judgements rendered by the Hon’ble Bombay High Court that struck down notifications issued under Section 5A of the Bombay Electricity Duty Act, 1958 by the State Government that withdrew electricity duty exemptions earlier granted to incentive industries for captive power plants, holding them arbitrary, violative of Article 14 of the Constitution of India, and contrary to the doctrines of promissory estoppel and legitimate expectation.

The Hon’ble Supreme Court held that an exemption under a fiscal statute is in the nature of concession and hence does not confer any vested or enforceable right on its beneficiaries and that and that the State’s power to grant such exemption inherently includes the power to withdraw or modify it in public interest, rendering doctrines of promissory estoppel and legitimate expectation inapplicable unless the withdrawal is arbitrary or discriminatory.

The Hon’ble Supreme Court further observed that while withdrawal of exemptions granted to captive power plants by the State Government was valid, its manner of implementation is required to satisfy the standards of fairness–holding that abrupt withdrawal of long standing concessions, without a reasonable transition period would in turn impose undue hardship on industries that had structured their affairs based on existence of such incentives. In view of the same, the apex court declared that operation of the impugned notifications, withdrawing the exemptions to captive generators to take effect only after a period of one year from the date of their notification.

Southern Power Distribution Company of Andhra Pradesh Limited & Anr. V Green Infra Wind Solutions Limited & Ors. |Judgement dated March 25, 2026. | Civil Appeal No. 4495 of 2025.

 

While SERCs have the authority to determine tariff under the Electricity Act, 2003, including the power to ‘take into account’ incentives and incentives and subsidies, such consideration does not automatically mandate their adjustment or pass-through in tariff. The exercise of this power must align with the purpose of the underlying incentive scheme. Accordingly, where a generation-based incentive (GBI) is meant for the benefit of generators (and not consumers), GBI must remain over and above tariff.  

 

The appeal was filed before the Hon’ble Supreme Court to decide if State Electricity Regulatory Commission (the “SERC”), while exercising its power to determine tariff under the Electricity Act, 2003 can consider and factor in the ‘generation based incentive’ (the “GBI”) granted under a financial policy designed by the Ministry of New and Renewable Energy (the “MNRE”) for incentivizing actual renewable energy generation by the renewable energy generating companies (the “GENCOs"). 

The dispute arose after the Andhra Pradesh Electricity Regulatory Commission (the “APERC”) sought to adjust tariffs to account for the GBI benefits, a position rejected by the Appellate Tribunal for Electricity (the “APTEL”). The core issue in contention was whether the statutory power of tariff determination under the Electricity Act, 2003, permitted such adjustment of the GBI benefits, and if it did, then to what extent was it required to align with the objective of the underlying the GBI incentive scheme. This question arose in light of the interpretation of Regulation 20 of the Andhra Pradesh Electricity Regulatory Commission (Terms and Conditions for Tariff Determination for Wind Power Projects) Regulations 2015 (“2015 Regulations”) by the APTEL, which required APERC to ‘take into account’ any incentive or subsidy availed by the GENCOS, while determining tariff. The APTEL held that this obligation merely required the APERC to consider and be conscious of the incentive, i.e., the GBI, at the time of tariff determination and did not mandate its adjustment in tariff. On this basis, it concluded that the APERC’s attempt to factor the GBI into tariff amounted to an impermissible amendment of an already determined tariff, particularly in the absence of any violation of the 2015 Regulation.

The Hon’ble Supreme Court observed that while tariff determination is the exclusive domain of the SERCs and includes the power to ‘consider’ subsidies and incentives such as the GBI, it does not translate into an unfettered authority to mechanically pass them through. It observed that the regulatory power of the SERCs must be exercised consistently with the purpose of the incentive and since the GBI was intended not as a consumer subsidy but as a generator focused incentive, the SERC must give effect to it. Accordingly, the apex court held that the GBI must remain over and above tariff by holding that while the SERCs have the plenary power over tariff determination and there is no unallocated regulatory residue remaining outside its power to determine tariff. Accordingly, the Hon’ble Supreme Court dismissed the appeal filed against the judgment of the APTEL, holding that the GBI intended to be disbursed to the GENCOs over and above the tariff. 

CENTRAL ELECTRICITY REGULATORY COMMISSION
Case TitleSummary

Avaada Sunrays Energy Private Limited. v. NHPC Ltd. & Others | Orderdated 04 February 2026 | Petition No. 294/MP/2024 

 

For ‘Change in Law’ claims, limitation commences only when the impact of the change crystallizes, i.e., when the extent of compliance and corresponding financial implications become ascertainable, and not merely from the date of the underlying notification or judicial order. Further, statutory or judicial developments subsequent to the bid submission date, that impose additional costs—such as tax increases or compliance requirements—qualify as ‘Change in Law’ where they disturb the contractual economic equilibrium, warranting restitution to the affected party.

 

 

Avaada Sunrays Energy Private Limited (the “Petitioner”) developed a solar power project in Rajasthan pursuant to a power purchase agreement in October 19, 2020, executed with NHPC Limited (the “NHPC”) (the “PPA”). The NHPC had earlier entered into a power sale agreement dated October 15, 2020, with Punjab State Power Corporation Limited (the “PSPCL”) (the “PSA”).

The Petitioner approached the CERC  seeking a declaration that: (i) the increase in Goods and Services Tax pursuant to the notification dated September 30, 2021 issued by the Ministry of Finance, the Government of India (the “GST Notification”); and (ii) the requirement to install bird diverters pursuant to the Hon’ble Supreme Court’s order dated April 19, 2021 (the “GIB Order”), qualify as ‘Change in Law’ events under Article 12 of the PPA.

In relation to the above, the Petitioner issued change in law notices on February 9, 2023 (for the GIB Order) and March 6, 2024 (for the GST Notification). The PSPCL opposed the petition, contending inter-alia that the claim relating to the GIB Order was barred by limitation under the Limitation Act, 1963, as the petition had been filed beyond 3 (three) years from the date of the GIB Order.

The CERC rejected this contention and held that the claim was not time-barred. It noted that pursuant to the GIB Order, the Petitioner had filed a ratification application before the committee instituted under the GIB Order (the “GIB Committee”) on May 19, 2022, seeking exemption from installation of bird diverters. The GIB Committee issued its final order on July 8, 2022. The CERC observed that the cause of action for raising a change in law claim could not arise from the GIB Order alone, but only once the decision of the GIB Committee clarified the extent of compliance required and the financial impact thereof. Accordingly, the limitation period would commence from the date of the GIB Committee’s decision, when the financial implications crystallized.

On merits, the CERC held that both the GST Notification increasing the GST rate and the GIB Order—read with the subsequent decision of the GIB Committee requiring installation of bird diverters—constituted ‘Change in Law’ events under Article 12 of the PPA, as they were statutory or judicial developments occurring after the bid submission date and resulted in additional non-recurring expenditure. The CERC reiterated that the purpose of the Change in Law clause is to preserve the economic equilibrium of the contract by restoring the affected party to the same financial position as if the change had not occurred.

Serentica Renewables India 4 Pvt. Ltd. v Central Transmission Utility of India Limited. | Judgement dated March 2, 2026. | Petition No. 276 / MP / 2025 along with IA Nos. 15 / 2025, 29 / 2025 and 30 /2025.

 

Once an entity opts to transition from the 2009 Connectivity Regulations to the GNA Regulations, it becomes fully subject to the latter framework in its entirety; such transition is not partial or selective. Consequently, all rights and obligations—including revocation of connectivity under Regulation 24.6 of the GNA Regulations —apply with full force, and an entity cannot seek to rely on the earlier regulatory regime to avoid adverse consequences under the GNA framework. 

 

The petitioners filed a petition in the Central Electricity Regulatory Commission (the “CERC”) under Section 79 of the Electricity Act, 2003 read with Regulations 41 and 42 of the Central Electricity Regulatory Commission (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022 (the “GNA Regulations”) challenging the revocation notices issued by the Central Transmission Utility of India (the “CTUIL”) due to delays in the commissioning of their projects. 

The petitioners submitted that since connectivity was granted under Central Electricity Regulatory Commission (Grant of Connectivity, Long-Term Access and Medium-Tem Open Access in Inter-State Transmission and related matters) Regulations 2009 (the “2009 Regulations”) and only transitioned to the GNA Regulations, the revocations notices issued by the CTUIL under Regulation 24.6 of the GNA Regulations are not tenable due non-applicability of the GNA Regulations. 

The petitioners contended that Regulations 24.6(1) of the GNA Regulations applies only to those applications filed directly under the Regulation 5.8 of the GNA Regulations and not to transitioned entities like the petitioners. 

Regulation 24.6 of the GNA Regulations allows revocation of connectivity if commercial operation is not achieved within 6 (six) months of the scheduled commercial operation date. The petitioners argued that the six-month period under Regulation 24.6 should run from the connectivity start date, not from the commissioning timeline stated in the Stage‑II application under the 2009 Regulations.

The Hon’ble Central Electricity Regulatory Commission held that entities which applied under the 2009 Regulations and opted for conversion were thereafter governed and processed strictly under the provisions of the GNA Regulations.

In view of the above, Hon’ble CERC held that the contentions of the petitioners that they are not covered under Regulations 24.6 of the GNA Regulations is not tenable given that it would lead to non-application of the entire GNA Regulations and consequently to the petitioners not being able to schedule evacuation of their power under the terms of the grid code since the latter refers to an effective GNA in terms of the GNA Regulations. 

On the Petitioners’ claim that the six‑month period under Regulation 24.6 should run from the connectivity start date, the Hon’ble CERC held that while CTUIL correctly revoked connectivity under the GNA Regulations, the trigger date for revocation must factor in the transition to the GNA and the reliefs available during such transition.

However, considering the advanced stage of commissioning, the Hon’ble CERC relaxed the application of Regulation 24.6 for the petitioners’ connectivity, subject to payment of compensation for delayed commissioning from the revocation trigger date.

APPELLATE TRIBUNAL FOR ELECTRICITY
Case TitleSummary

Mr. Vikram Bhatnagar v. Karnataka Electricity Regulatory Commission & Another |Order Dated February 16, 2026 |O.P No. 104 of 2018. 

 

Where PPAs have already been terminated and such termination is not under challenge, no subsisting contractual rights survive; consequently, a subsequent regulatory order permitting recommissioning at reduced tariffs cannot be assailed to indirectly revive or restore the earlier tariff regime, and no effective relief can be granted.

 

The present appeal was filed before the Appellate Tribunal for Electricity (the “APTEL”) by the appellants (the “Appellants”) challenging the order dated November 7, 2017 (the “Impugned Order”) by the Karnataka Electricity Regulatory Commission (the “KERC”).

The impugned order concerned solar rooftop photovoltaic (the “SRTPV”) projects (the “Projects”) whose power purchase agreements with Bangalore Electricity Supply Company Limited (the “PPAs”) had been terminated for failure to commission the Projects within the stipulated timelines.

Before the Impugned Order, the KERC had clarified, including by letter dated 27 September 2016, that projects not commissioned within the prescribed period would lose eligibility for the PPA tariff, and thereafter, through the Impugned Order, allowed limited relief by permitting recommissioning through fresh PPAs at reduced tariffs.The Appellants challenged the order inter alia on the grounds that: (i) the KERC had effectively reduced the tariff without following the mandatory tariff determination procedure prescribed under Section 64 of the Electricity Act, 2003; and (ii) the Impugned Order violated the principles of natural justice, as affected parties were not afforded an opportunity of hearing prior to issuance of the Impugned Order.

The Hon’ble APTEL noted that the PPAs had already been terminated prior to the Impugned Order and were not challenged by the Appellants, and held that setting aside the order would not revive the terminated PPAs, leaving no subsisting contract or effective relief possible.

Municipal Corporation of Greater Mumbai, Brihanmumbai Electricity Supply and Transport Undertaking V. Maharashtra Electricity Regulatory Commission & Ors. | Judgement dated March 11, 2026. | Appeal No. 279 of 2017.

 

Phased rollout of distribution infrastructure is legally permissible under the Electricity Act, 2003, provided it is structured to ensure compliance with universal service obligations under Sections 42 and 43, and is guided by considerations of efficiency, cost-effectiveness, and planned expansion.

 

The Hon’ble Appellate Tribunal for Electricity (the “APTEL”) examined the legality of permitting phased development of a distribution network by a parallel licensee, Tata Power Company Limited (the “TPC”), within an area already served by Brihanmumbai Electricity Supply and Transport Undertaking (the “BEST”).  

The core issue in contention was whether allowing a network rollout over a seven-year period permitted to TPC, violated the statutory scheme under the Electricity Act, 2003 (the “Electricity Act”) particularly the universal service obligation under Sections 42 and 43 of the Electricity Act, 2003 and whether such phased development enabled anti-competitive practices such as cherry-picking of consumers resulting in an uneven playing field. 

Under Section 42 and 43 of the Electricity Act, 2003, a distribution licensee is required to develop, operate, and maintain an efficient and economical distribution system and ensure timely supply of electricity to the owner or occupier of premises within its area of supply.

The Hon’ble APTEL held that the Electricity Act does not mandate upfront establishment of an entire distribution network as a precondition to supply, further holding that network development is inherently a continuous and progressive obligation under the meaning of Section 42 of the Electricity Act. It further held that phased rollout of infrastructure is legally permissible, provided it is structured to ensure eventual compliance with universal service obligations under Section 42 and Section 43 of the Electricity Act and is effectuated by considerations of efficiency, cost-effectiveness, and planned expansion. The Hon’ble APTEL further upheld the regulatory framework devised by the Maharashtra Electricity Regulatory Commission (the “MERC”), noting that the two-phase rollout model in which MERC prioritised areas with existing infrastructure before expanding to uncovered regions, constituted an optimal and non-discriminatory approach, which is consistent with statutory objectives of the Electricity Act. In view of the above, the Hon’ble APTEL upheld the impugned order dated June 12, 2017, passed by the MERC.

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