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TMI Blog2010 (5) TMI 819X X X X Extracts X X X X X X X X Extracts X X X X ..... Nagar, quashed. 2. Uttar Pradesh State Electricity Board was established by the State of Uttar Pradesh in terms of the provisions of the Electricity (Supply) Act, 1948. With the enactment of Uttar Pradesh Electricity Reforms Act, 1999 the Government constituted Uttar Pradesh Electricity Regulatory Commission. In terms of a Notification dated 7th August, 2000 the Commission stipulated the tariff for the supply of electricity effective from 9th August, 2000. The rate schedule for large and heavy power, inter alia, provided that consumers who opt for power supply during the restricted/peak hours shall pay an additional surcharge of 15% on the amount billed at the Rate of Charge under item-4A of the Schedule. It further provided that consumers getting power supply from independent feeders emanating from 400/220/132 KV sub-stations shall pay an additional surcharge of 15% on demand and energy charges subject to the condition that these consumers will get assured electricity supply of minimum 500 hours in a month. In case of shortfall in the guaranteed hours of electricity supply, the consumers were entitled to a rebate @ 1% for each 10 hours shortfall on the bill amount computed u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cular dated 8th September, 2000 whereunder it purported to give certain guidelines to the concerned subordinate officers and demanded strict compliance thereof. The circular, inter alia, provided that if consumers connected to independent feeders did not want electricity supply for the guaranteed period of 500 hours, no such surcharge of 15% could be levied provided they intimate to the Executive Engineer that they do not want the guaranteed supply for 500 hours. The relevant portion of the circular reads as under: 2.(a) In the rate schedule HV-2, as a result of the guarantee of 500 hours electricity supply of independent feeder from 400, 220 and 132 KV sub stations, 15% surcharge shall be levied. Consumers of this category shall be ensured 500 hours electricity supply per month. Due to lesser electricity supply than 500 hours, they shall be given 1% deduction for every ten hours in their electricity bill. If consumers connected with these independent feeders do not want guarantee of 500 hours electricity supply then, in that event, they shall not be imposed 15% surcharge in their bills. Such consumers shall intimate the Executive Engineer distribution by registered post that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed the writ petition mentioned above holding that there was absolutely no confusion of any kind in the tariff approved by the Regulatory Commission to call for any clarification in the form of the circular referred to earlier. It was also declared that for consumers drawing power from independent feeders emanating from 400/220/132 KVS sub- stations there existed no provision in the tariff prescribed by theCommission requiring them to exercise any option in the matter. The only benefit that the consumers who drew power from such independent feeders but who do not get supply for the minimum 500 hours in a month were granted a rebate @ 1% for every 10 hours or part thereof if the continuous supply had failed. The High Court observed: There is absolutely no ambiguity or confusion of any kind in the tariff as approved by the Commission. It clearly contemplates two categories of consumers. One category is of consumers who get power supply on independent feeders emanating from 400/220/132 KV sub stations. The two categories are wholly independent and distinct and they are not inter linked with each other. The third condition mentioned at the bottom of the box clearly shows that a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitutional and for quashing the revised bill issued to KVSL. A mandamus directing Uttaranchal Corporation not to levy any surcharge on the supply energy to the consumer was also prayed for. 9.The above petition was allowed by the High Court of Uttaranchal by its order dated 17th January, 2007. The High Court took the view that since the petitioner KVSL did not require assured supply of 500 hours electricity in a month it was not liable to pay 15% surcharge and that the exemption granted by the U.P. Power Corporation Ltd. was valid and in accordance with the provisions of the Notification dated 8th September, 2000. The demand raised by the Corporation was accordingly struck down. Aggrieved by the said order the Uttaranchal Power Corporation filed Civil Appeal No.1106 of 2007 in this Court which was heard alongwith Civil Appeal No.5789 of 2002 filed by LML Ltd. against the order passed by the High Court of Allahabad dismissing Writ Petition No.40692 of 2000 filed by the said company. Similar other appeals filed by other units against identical orders passed by the High Court of Allahabad were also heard and disposed of by this Court by a common order dated 13th December, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2007 was filed in this Court for seeking clarification/modification of the above order primarily on the ground that the observations made in para 50 are erroneous since Uttarakhand Power Corporation was non-existent during the relevant period. There was according to the applicants no question of any such promise having been made to respondent-KSVL by a non-existent entity. The promise was according to the applicant made by U.P. Power Corporation which was binding upon the Corporation as also its successor in-interest, namely, Uttarakhand Power Corporation after the same came into existence w.e.f. 9th November, 2001. It is further stated that the dispute in the instant case was with regard to the period between September 2000 when the exemption of surcharge was granted to the consumer and 1st September, 2001 when the same was discontinued. 11. In substance the case of the applicant was that a representation/promise had been made to it by the U.P. Power Corporation which promise having been held enforceable qua other units similarly situated as the applicant, could not be ignored in so far as the applicant was concerned. The promise was according to the applicant binding even upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question of interfering with the order withdrawing the exemption on the basis of the principles of equitable estopple. 16. On behalf of the respondent-KVSL, it was on the other hand, submitted that since a promise was found to have been made by the U.P. Power Corporation to other consumers and since the said promise has been held to be enforceable, there was no justification for taking a different view insofar as the respondent-company is concerned. It was also submitted that once U.P. Corporation is held to be bound by the promise made by it the Uttarakhand Corporation which came into existence upon reorganization of the State had no option but to make the said promise good. It could not retrospectively withdraw the same only with a view to recover money which even the U.P. State Power Corporation would not have been entitled to recover. 17. In Writ Petition No.942 of 2001 filed by the respondent-KVSL the material facts were not disputed. It was unequivocally admitted that the respondent-company was a consumer getting supply from an independent feeder emanating from 400/220/132 KV sub station. It was also not in dispute that with the coming into existence of State of Uttarak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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