Electricity Act, 2003- Section 63- Section 63 does not restrict invoking of the provisions of Section 63 only to Discoms or generating companies- When the provisions of Section 63 of the Act are read in harmony with the provisions of Section 86(1)(b) of the Act, the powers of the State Commission cannot be curtailed by interpreting that the same can be invoked only by the Discoms or the generating companies. (Para 44)
Interpretation Of Statutes –The first and foremost principle of interpretation is that of literal interpretation. When the statute read in a literal manner is capable of giving meaning to the provision that the legislation intended to and does not lead to any absurdity, it is not permissible by judicial interpretation to add, alter, or delete any words to such a statute. (Para 30)
Summary: APTEL held that MCD was neither a distribution licensee nor a generating company and thus it had no jurisdiction to file an application under Section 63 of the Act for adoption of tariff- Allowing appeal, SC observed: when the provisions of Section 63 of the Act are read in harmony with the provisions of Section 86(1)(b) of the Act, the powers of the State Commission cannot be curtailed by interpreting that the same can be invoked only by the Discoms or the generating companies.