Suspension and revocation

Petitioner company was granted generation license but it failed to fulfill the requirements of the agreement, thus did not generate electricity

Authorities issued notice to petitioner for recovery of annual generation license fee

Validity

When name of petitioner company was withdrawn from the list of projects, it was not possible for them to continue their business and make payment towards license fee

Imposition of fine was to be assessed, if they would have continued their operation or construction

Action initiated by authorities against petitioner was contrary to law and legal aspect with regard to invoke S.28 of Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 was grossly ignored by the Authority

Initiation of proceedings and onward superstructure built on passing any other orders including review was uncalled for and not sustainable under law

National Electric Power Regulatory Authority should have considered for invoking S.28 of Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 thereby revocation order suspending license should have been passed in view of prevailing circumstances as pointed out by petitioner company in its letters communicated time to time and responding notices and other proceedings initiated

Constitutional petition was allowed in circumstances.