Electricity | Recipient Of Concession With No Vested Right Cannot Seek Continuation Of Waiver: Delhi High Court
Case: Juniper Hotels Private Limited v. Delhi Electricity Regulatory Commission and Anr
Coram: Chief Justice and Justice Sanjeev Narula
Case No.: W.P.(C) 14343/2021
Court Observation: “…the fixation of tariffs through subordinate legislation is within the commission’s purview, and no manifest arbitrariness has been demonstrated to call this decision into question”
“Judicial intervention becomes justifiable only when the contested action is found to be illegal, arbitrary, or beyond the powers conferred by the governing statute.”
“the power to review policy decisions rests inherently within the prerogative of the governing bodies, allowing them to adapt and evolve in response to changing circumstances … while concessions might be granted, they can be retracted or modified if deemed to be in the best interests of the public.”
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