Electricity Act - Section 63 - Adoption of Tariff by Local Authority – Section 63 does not limit the right to apply for tariff adoption to distribution licensees or generating companies – Municipal Corporation of Delhi (MCD), a local authority under Rule 15 of the SWM Rules 2016, is empowered to conduct transparent bidding and seek tariff adoption for WTE projects – Appeal allowed, DERC orders upheld [Paras 10, 27, 35-36].

Solid Waste Management Rules - Statutory Mandate – Rule 15 of the SWM Rules requires local authorities to construct, operate, and maintain WTE projects – Held: MCD’s actions comply with the statutory obligations for managing municipal solid waste – APTEL’s conclusion that MCD lacked authority overturned [Paras 20-22, 38].

Harmonious Construction - Section 63 and 86(1)(b) of the Electricity Act – Section 63’s bidding process for tariff determination must be read alongside Section 86(1)(b), which mandates State Commissions to regulate power procurement and pricing – APTEL erred by narrowly interpreting Section 63 [Paras 39-42, 44-46].

National Tariff Policy and SWM Rules - Integration with Electricity Act – Rule 6.4 of the National Tariff Policy requires compulsory procurement of energy from WTE projects – SWM Rules and Electricity Act must be read in tandem – Held: MCD's tender process aligned with statutory and policy mandates [Paras 25-26, 49].

Decision – Appeals allowed – APTEL’s judgment set aside – DERC orders of 6th March 2023 and 7th March 2023 approving the project and tariff reinstated [Paras 58-59].

Civil - Tariff-based bids - Scope of Section 63, Electricity Act – Applicability to Local Authorities – Expanded Interpretation Adopted – APTEL ruled that Section 63 could only be invoked by distribution licensees or generating companies – Held: Section 63 is not restricted to licensees or generating companies; local authorities implementing waste-to-energy projects under statutory obligations may also invoke its provisions. The interpretation by APTEL imposed unwarranted limitations and was set aside [Paras 27, 30-31, 56].

Harmonious Construction of Section 63 and Section 86(1)(b), Electricity Act – Regulatory Oversight Affirmed – DERC’s powers to regulate electricity procurement under Section 86(1)(b) include adopting tariffs determined under Section 63 – Held: The powers under these sections must be read in harmony to achieve statutory objectives. Restricting Section 63's application to specific entities undermines the broader regulatory role of State Commissions [Paras 41-43, 56].

Mandate under Solid Waste Management Rules, 2016 – Local Authorities' Role in WTE Projects – Recognized – Municipal authorities are mandated to establish WTE projects for effective waste management under Rule 15 of SWM Rules – Held: MCD's actions complied with its statutory duty and were in public interest, emphasizing the role of local authorities in renewable energy initiatives [Paras 47-49].

Public Interest and Environmental Goals – Priority in WTE Projects – The WTE project addressed environmental and public health concerns in Delhi through renewable energy generation – Held: APTEL failed to appreciate the larger public interest served by the project, justifying regulatory approval [Paras 54-56].

Decision – Appeals allowed. APTEL’s judgment dated 31/08/2023 is quashed, and DERC’s orders dated 06/03/2023 and 07/03/2023 are affirmed [Paras 57-59].
 

Definition of Shamlat Deh – Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 – Amendment Analysis – Land classified as Shamlat Deh excludes certain lands under specific conditions, such as allotment on quasi-permanent basis to displaced persons or transfer by sale or any other manner before 09/07/1985 – Held: Leasehold rights do not qualify as "allotment" or "transfer," and lessees cannot claim statutory protection under the amended Act [Paras 4, 10-12].

Lease vs Allotment – Legal Distinction – Interpretation of Section 105 of Transfer of Property Act – Lease is a temporary grant for specified use and duration, distinct from allotment or transfer of ownership rights – Held: The petitioner’s claim based on leasehold possession cannot override the ownership rights of Gram Panchayat [Paras 8-9, 44].

Eviction Proceedings – Unauthorized Occupation – Section 7 of the Act – Unauthorized occupation of Shamlat Deh land post-expiry of lease term leads to eviction – Held: Authorities and High Court correctly ordered eviction of the petitioner for unauthorized occupation following lease expiry [Paras 14, 17].

Long-Drawn Litigations – Absence of Prejudice from Procedural Irregularities – Non-framing of issues does not vitiate proceedings if parties understood the dispute and led evidence – Held: Lack of issues framing did not prejudice the petitioner; eviction upheld [Paras 23-24].

Decision – Special Leave Petition dismissed. The petitioner’s claim for protection under the amended Act is untenable. The land remains vested in the Gram Panchayat, and eviction was appropriately ordered [Paras 14, 17, 45-46].
 

Civil – MACT - Accident Claim - Reliance on Police Records – FIR and Chargesheet – Validity in Accident Claims – Tribunal and High Court relied on police records, including FIR and final report, to establish negligence of the driver of the offending vehicle – Held: Use of police records for determining negligence in motor accident claims is permissible, provided they support the claim on the preponderance of probabilities.

Standard of Proof – Preponderance of Probabilities in Motor Accident Claims – Strict proof of negligence is not required; the standard is preponderance of probabilities – Held: Tribunal correctly applied this standard based on evidence, including police reports and eyewitness accounts.

Allegations of Connivance and Fraudulent Chargesheet – Unsupported by Evidence – Appellant's contention of connivance between claimants and police in preparing a fraudulent chargesheet was unsupported by evidence – Held: Such unsubstantiated allegations cannot undermine the Tribunal’s findings.

Concurrent Findings by Tribunal and High Court – Scope of Interference – Findings of fact based on evidence were upheld by both the Tribunal and High Court – Held: No perversity in findings; Supreme Court declines to interfere.

Decision – Appeal dismissed. Findings of the Tribunal and High Court affirmed, holding the insurer liable for compensation awarded to the claimants.
 

Senior Citizens Act - Cancellation of Gift Deed – Non-Compliance with Maintenance Condition – Beneficial Interpretation of Section 23 – The appellant sought cancellation of a gift deed on grounds that the respondent-son failed to fulfill the obligation to maintain her – Held: Section 23 must be interpreted purposively to advance the Act's objective of protecting senior citizens. Gift deed quashed as the respondent failed to meet conditions of maintenance and physical support [Paras 19-23].

Competency of Tribunal – Eviction Orders under Section 23 – Tribunals under the Act are empowered to order possession transfer if necessary to ensure senior citizens' welfare – Held: High Court erred in limiting Tribunal’s authority. Tribunals can order eviction when it is necessary to secure senior citizens' rights [Para 24].

Standalone Nature of Section 23 – Interconnected with Act’s Objectives – Relief under Section 23 is not standalone but integral to the Act's purpose of ensuring care and protection for the elderly – Held: Division Bench’s view limiting Section 23’s application is inconsistent with the Act’s objectives [Para 25].

Decision – Appeal allowed. The judgment of the Division Bench of the High Court is set aside. The Gift Deed dated 07/09/2019 is quashed, and possession of the property is directed to be restored to the appellant by 28/02/2025 [Para 26].

Criminal Law - Cognizance under Section 186 IPC – Bar under Section 195(1)(a) CrPC – Proceedings Quashed – Section 195(1)(a) CrPC mandates a written complaint by a public servant to the Magistrate for cognizance of offences under Section 186 IPC – Held: In the absence of such a complaint, cognizance by the CJM, Varanasi, was illegal, warranting quashing of the proceedings [Paras 15, 21, 41].

Ingredients of Section 353 IPC – Requirement of Criminal Force or Assault – Not Met – FIR lacked allegations of criminal force or assault against the appellant – Held: Prima facie ingredients of Section 353 IPC not disclosed; mere obstruction cannot constitute an offence under this section. FIR and consequent proceedings under Section 353 IPC quashed [Paras 23-27, 35].

Role of Judicial vs Executive Magistrates – Invalidity of Complaint – Complaint addressed to an Executive Magistrate cannot satisfy the requirements of Section 195 CrPC for taking cognizance under Section 186 IPC – Held: Such complaints must be made to a Judicial Magistrate with jurisdiction [Paras 17-20].

Abuse of Process of Law – Quashing of Proceedings under Section 482 CrPC – Criminal proceedings found to be initiated without basis in law and evidence – Held: Entire proceedings quashed to prevent abuse of judicial process and uphold justice [Paras 40-41].

Decision – Appeal allowed. All criminal proceedings in Case No. 9790 of 2015 and orders by CJM, Varanasi, are quashed. The impugned High Court order dated 22/09/2023 is set aside [Paras 41-43].
 

Grant of Bail under MCOCA – Violation of Section 21(4) – Order Set Aside – High Court granted bail to the respondents without proper application of Section 21(4) of MCOCA, which imposes stringent conditions for granting bail in organized crime cases – Held: The High Court transgressed into impermissible areas by making observations on the merits of the case akin to a mini-trial, undermining the prosecution's case [Paras 4, 7-13].

Observations on Evidence at Bail Stage – Prejudice to Prosecution – High Court's findings on the roles of accused in the crime during bail consideration caused prejudice to the trial – Held: Such findings are unwarranted and should be avoided at the bail stage to ensure a fair trial [Paras 12, 13].

Decision – The High Court's order granting bail is set aside. The matter is remanded for fresh consideration of the bail application, with directions to adhere strictly to statutory provisions and case law under MCOCA. Accused to remain on bail under the same conditions until final disposal of the application [Paras 14-15].
 

Criminal Law - Proclamation of Offender – Section 82 CrPC – Scope and Termination – A proclamation issued under Section 82 CrPC ceases to be effective if the accused no longer requires appearance in court, such as in cases of acquittal in the primary offence – Held: Once the purpose of proclamation is achieved or rendered irrelevant, the status of proclaimed offender must be nullified [Paras 6.1-6.3, 11].

Independent Offence under Section 174A IPC – Penal Consequences of Non-Appearance – Section 174A IPC creates a standalone offence for non-compliance with a proclamation under Section 82 CrPC – Held: Proceedings under Section 174A IPC can continue even if the proclamation itself is extinguished, but these can be closed if the primary offence is resolved [Paras 7-7.3, 8].

High Court’s Supervisory Jurisdiction under Section 482 CrPC – Misuse Corrected – High Court erroneously refused to quash proceedings despite acquittal of the appellant in the main offence and full settlement of monetary disputes – Held: Proceedings under Section 174A IPC and the appellant’s status as a proclaimed offender are no longer sustainable [Paras 9, 11].

Decision – Appeal allowed. The High Court’s order dated 2nd June 2023 is quashed, all proceedings under Section 174A IPC are closed, and the appellant’s status as a proclaimed offender is revoked [Para 11].
 

Quashing of FIR – Lack of Evidence – Allegation under Sections 354 and 506 IPC – FIR Quashed – Allegations against the appellant included physical and verbal harassment and threats, yet the investigation and statements under Sections 161 and 164 CrPC failed to substantiate any direct evidence or intent – Held: The allegations, being vague and unsupported by material evidence, fail to meet the threshold for prosecution. High Court's refusal to quash the FIR set aside. Criminal proceedings quashed [Paras 12.3, 13.3, 17].

Definition of Modesty – Section 354 IPC – Application of Legal Standard to Facts – Modesty under Section 354 IPC entails actions capable of shocking a woman’s sense of decency – Held: Prima facie, the allegations do not establish the use of criminal force or intent to outrage modesty. The complainant's statements do not disclose any evidence sufficient to proceed under Section 354 IPC [Paras 12-12.4].

Mens Rea in Criminal Intimidation – Section 506 IPC – Absence of Threat or Alarm – For Section 506 IPC to apply, threats must be accompanied by an intent to cause alarm – Held: Statements against the appellant fail to demonstrate such intent. Lack of material evidence precludes the establishment of mens rea for criminal intimidation [Paras 13-13.3].

Scope of Section 482 CrPC – Quashing Proceedings – Principles Reiterated – High Courts may quash criminal proceedings where the allegations fail to disclose a prima facie case or where proceedings are an abuse of the process of law – Held: FIR and investigation reports lack substance to proceed against the appellant, warranting quashing under Section 482 CrPC [Paras 16-16.3].

Decision – The appeal is allowed. FIR No. 1074 of 2019 and all proceedings against the appellant are quashed. Observations are confined to the appellant, and the case against co-accused (R.K. Aneja) remains unaffected [Paras 17-18].