The High Court of Karnataka has directed the state government to set up the State Load Despatch Center (SLDC) under an independent entity within six weeks, while pointing out that the state has not implemented the provisions of the Electricity Act, 2003 even after two decades. This order has not been completed. since the law came into force.
As per section 31(2) of the Act, the SLDC was deemed to be under the control of the State electricity utility only until a Government company or any authority or corporation is established or constituted by the State by or under any State Act used to go. Government. However, SLDC continues to function under the Karnataka Power Transmission Corporation Limited (KPTCL), the state power transmission utility, even after lapse of 20 years, the court pointed out.
Justice Suraj Govindaraj issued the direction on the inter-state and intra-state litigation between KPTCL and Shamanur Sugars Limited on the issue of jurisdiction of SLDC, Karnataka Electricity Regulatory Commission (KERC) and Central Electricity Regulatory Commission (CERC). Disputes over power distribution and transmission.
“SLDC being authorized to issue directions for compliance in terms of section 33 of the Act, I am of the view that the transmission utility is likely to exercise powers under section 33 of the Act so as to achieve its own objectives .. being in dispute, it is necessary to comply with the order of setting up SLDC under a separate government company or authority or corporation under sub-section (2) of section 31 of the Act,” the court observed.
The court said that the SLDC is not being authorized to issue any directions with regard to inter-state transmission issues. Further, the court held that disputes between the parties relating to inter-state generation, transmission and distribution fall under the jurisdiction of CERC only, which has the power to decide the matter, and not the KERC, which decides these disputes only. Can do. are interstate.