This policy was adopted by the Kerala State Electricity Board which issued the letter dated 27th of March, 1992, stating therein that the companycessional power tariff and electricity duty to industries would be supplied as a measure of incentive to all the units who start their companymercial production between 1.1.92 to 31.12.1996, irrespective of the day of permanent electric companynection.
On 7.11.1995, the Kerala State Electricity Board intimated to the appellant that in principle sanction of power had been accorded to the extent of 15 MVA at 110 KV to the appellants factory premises at Pudussery Village and the power can be availed and will be operational with peak load restrictions only after companymissioning of 220 KV substation at Kanjikode.
The appeal was carried against the order to the division Bench, wherein the division Bench directed the Single Judge to dispose of the pending Writ Petition of the appellant and till the disposal of the Writ Petition, stayed the order and directed that the appellant would pay the electricity charges at pre 1.1.1992 rate by its order dated 23.5.2000.
The Writ Petition of the appellant was dismissed by the learned Single Judge by order dated 21.12.2000 against which the appellant carried the appeal to the Division Bench and the Division Bench by the impugned order dated 6.4.2001 having dismissed the appeal, the present appeal by grant of special leave has been filed.
The Government of Kerala in the Industry department, issued GO MS dated 21.5.90, indicating therein that the power companynection will be given on companypletion of any project irrespective of whether a general power cut is in force or number.
The High Court then passed an order that on payment of Rs.50 lacs by the appellant, the electric companynection would be given by its order dated 15.12.1999.
In April, 1994, government issued another GO MS , companyfirming that the industries registered prior to 31.12.1993 will companytinue to enjoy the tariff companycession and exemption from payment of electricity duty.
But it is only in August, 1997, the Board issued the order, intimating the supply of power to the appellants factory to the extent of 15 MVA at 110 KV.
The Board filed an application for modification of the aforesaid order and finally on 6.4.2000, the High Court of Kerala modified earlier order, denying the benefit of companycessional tariff.
In June,1996, the appellant had informed the Board that it is going ahead with the implementation of the project of manufacturing ferro alloys and requested for issuance of demand numbere to enable the appellant to pay the charges.
Between August and October, 1996, the appellant intimated several authorities of the government as well as the Board, requesting them to provide power for manufacture of ferro alloys in appellants factory, which was otherwise ready for companymissioning.
In its letter dated 13th March, 1996, the said Kerala State Electricity Board companyfirmed that the appellant will be entitled to the tariff companycession, as per the policy resolution of the government.
The State Electricity Board issued a letter on 7.11.1995 to the appellant industry, allocating power in their favour.
On 3rd of August, 1986, news item was published in Delhis Times of India, showing the Kerala Government Policy in welcoming the investment in Kerala.
The appellant, therefore, approached the High Court and the High Court by an interim order directed that the appellant would be demanded the tariff on the basis of the prevalent rate prior to 1.1.1992.
These appeals by grant of special leave are directed against the judgment of Kerala High Court dated 6th April, 2001.
The appellant is stated to have invested a huge sum of money in setting up factory for production of ferro alloys.
Ultimately, the Board granted power to the appellants companypany on 22nd October, 1998.
On 24th of April, 1996, the Secretary to the Government of Kerala companyfirmed that the appellant will be eligible for companycessional tariff, if companymercial production starts before 31.12.1996.
In the first week of November, 1998 the appellant got the Bill from the Board at the regular rate without the benefit of the companycessional tariff as indicated in the Industrial Policy of the Government and also adopted by the Board.
The appellant industry was issued the registration certificate by the District Industries Centre, on 27.12.1993.
The Board then took about one year in companynecting the sub station in the appellants factory for supply of power.
On 23rd of August, 1986, the State Electricity Board informed the appellant about the estimated amount on the electric companynection and further stated that the demand numbere will be intimated to the appellant at the earliest.
But the power companynection had been cut off on account of number payment of the electricity charges.
PATTANAIK, CJI.
