Home  /  Electricity Act  /  Section 110

Section 110: Establishment of Appellate Tribunal

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 109 All 185 Sections of Electricity Act Section 111

Legal Commentary & Landmark Judgments: Section 110

Section 110 of the Electricity Act, 2003 establishes the Appellate Tribunal for Electricity (APTEL), creating a specialized national judicial appellate body to hear appeals against orders passed by Appropriate Commissions and Adjudicating Officers.

  • Establishment of Specialized National Appellate Tribunal: Constitutes APTEL as a dedicated statutory tribunal possessing pan-India appellate jurisdiction over all CERC and SERC determinations.
  • Apex Technical & Legal Appellate Jurisdiction: Equips the Tribunal with dual technical and judicial capabilities to review complex utility accounting, engineering designs, and constitutional law.
  • Jurisdictional Supremacy Over High Courts: Channelizes statutory appeals exclusively through APTEL, replacing the fragmented jurisdiction previously exercised by diverse High Courts.
Key Landmark Precedents:
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Constitution Bench affirmed that APTEL is a specialized appellate court of fact and law whose jurisdiction encompasses reviewing all regulatory orders of the Central and State Commissions.
  • Energy Watchdog v. CERC (2017) 14 SCC 80: Supreme Court highlighted APTEL's central role as the premier appellate court evaluating complex commercial power purchase disputes.
  • Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. (2008) 4 SCC 755: Supreme Court affirmed that the hierarchical appellate structure culminating in APTEL guarantees uniform national interpretation of the Electricity Act.
Courtroom Practice & Strategic Litigation Guidance:

Any party aggrieved by an order of the CERC or any SERC must file an appeal exclusively before APTEL at New Delhi under Section 110/111; High Courts will decline to entertain writ petitions under Article 226 where an efficacious alternative remedy lies before APTEL.

Section 109 All 185 Sections of Electricity Act Section 111