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Trilegal advised Green Infra and Sterling Agro in landmark SC ruling, strengthening renewable energy framework on GBI tariff treatment

31 Mar 2026

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Trilegal Dispute Resolution Team Partner: Vishrov MukerjeeCounsel: Pratyush Singh; Senior Associate: Damodar Solanki; Associate: Deepak Thakur

Matter Overview: Trilegal successfully represented Green Infra Wind Solutions Limited (“GIWSL”) & Sterling Agro Industries Limited (“SAIL”) before the Supreme Court of India in a Civil Appeal filed by the Southern Power Distribution Company of Andhra Pradesh Limited (“AP Discoms”). The dispute arose when the AP Discoms sought to deduct the Generation Based Incentive (“GBI”) a financial benefit provided by the Ministry of New and Renewable Energy (“MNRE”) to incentivise wind power generation, from the tariff payable to the Wind Power Generators (“WPGs”). 

While the Andhra Pradesh Electricity Regulatory Commission (APERC) initially allowed this deduction, the Appellate Tribunal for Electricity (APTEL) reversed the decision, prompting the AP Discoms to file a Civil Appeal before the Supreme Court.

From Vishrov Mukherjee, Partner- Dispute Resolution practice, Trilegal said, “ This landmark judgment, while emphasising that various stakeholders should act in conjunction, decisively affirms that renewable energy incentives must operate as intended and cannot be offset through tariff mechanisms. This clarity is critical for preserving project economics and will significantly enhance confidence in India’s renewable energy framework.”

The Supreme Court’s vide Judgment dated 25.03.2026 has laid down critical precedents for the entire energy sector:

  • Exclusive Jurisdiction vs. Collaborative Enterprise: The Supreme Court reaffirmed that while State Electricity Regulatory Commissions (“SERCs”) possess the exclusive jurisdiction and plenary power to determine tariffs, they cannot operate in silos. SERCs must function as a collaborative enterprise alongside the Central Government, MNRE, and other duty bearers.
  • Protection of Generator Incentives: The Supreme Court firmly classified the GBI as a “generator-focused incentive” specifically designed to promote investment in renewable energy, explicitly rejecting the notion that it could be adjusted as a “consumer subsidy”.
  • Upholding Policy Intent: SERCs cannot exercise their tariff-determination authority in a manner that nullifies the Union Government’s policy intent of promoting green energy and transitioning away from fossil fuels. Therefore, the GBI benefit must be passed on to the generators over and above the determined tariff. 

The matter was argued by Mr. P Chidambaram, Sr. Adv. along with Mr. Vishrov Mukerjee.

Matter Significance: This judgment is a monumental victory for the entire renewable energy sector. By unequivocally ring-fencing central government incentives from being absorbed or set-off by distribution companies and state regulators, the Supreme Court has safeguarded existing project economics. Looking forward, this ruling provides critical regulatory certainty, ensuring that future financial incentives introduced by the Union Government to accelerate India’s transition to renewable energy will reach their intended beneficiaries without state-level dilution.

Please find enclosed a copy of the judgment for your reference.

About Trilegal

Trilegal is a leading full-service law firm in India with over 25 years of experience, trusted for its in-depth expertise and client-centric approach. The firm advises a diverse set of clients, including Fortune 500 companies, global investment funds, major Indian conglomerates, domestic and international banks, technology and media giants, family offices, and high-net-worth individuals. With over 150 partners operating under a distinctive lockstep model, Trilegal is the largest equity partnership in the country. The firm retains over 1,200 professionals across its Mumbai, Delhi, Gurugram, Bengaluru, Chennai, Pune, and GIFT City offices.

Trilegal has consistently been recognised among India’s top-tier firms in leading legal directories such as Chambers & Partners (Asia Pacific and Global), Legal 500 Asia Pacific, and Benchmark Litigation. It has also earned several prestigious accolades, including being named Best Overall Law Firm by India Business Law Journal (IBLJ) 2025Innovative Lawyers in Disputes & Crisis Management by the Financial Times (FT) Innovative Lawyers Asia-Pacific Awards in 2025M&A Firm of the Year by IFLR Asia-Pacific in 2024Law Firm of the Year by Deal Volume at the VCCircle Awards in 2024.

For more information, please get in touch with Prakruti Jani | Mob: +91-9867868976 | BD@trilegal.com.

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