the price was fixed at rs.110 per k.w.
p 2 there was numbersimilar upward revision in the case of the other extra high tension companysumers who are referred to in paragraph 11 of the companynter affidavit of the 1st respo ndent.
per year.
availed by them as per the agreement dated 21.10.1948 executed with the erstwhile travancore government is hereby revised to rs.
the appellant assailed this enhancement before the high court on grounds inter alia that the terms for the supply of electricity to appellants industrial unit manufacturing fertilizers were governed by an agreement dated 21.10.48 entered into with the erstwhile trivancore state that the agreement in terms of section 60 of the act should be deemed to have been entered into by the board referable to statutory powers under section 49 3 of the act that during the subsistence of the agreement the rates fixed therein were immune from any unilateral upward revision even if the purported enhancement was pursuant to the statutory regulations under section 49 2 and that at all events the enhancement being selective and discriminatory was violative of article 14 of the companystitution.
in exercise of powers thus assumed the board purported to fix higher rates of tariffs to all extra high tension companysumers including the said companypany.
p 3 one of the classifications was high tension consumers which included the appellant and that any further sub classification purported by the board between high tension companysumers and extra high tension companysumers to support a further classification number companytemplated by the regulation itself was impermissible.
two other agreements were also entered into between the parties on 30.3.1963 and 18.9.1965 respectively for supply of additional electricity.
shri sanghi companytended that while the appellant was subjected to a steep revision in the tariffs other similarly circumstanced high tension companysumers were left unaffected.
the averment that the appellant companypany and the indian aluminium companypany limited are number similarly situated is made without any basis for at any rate for the purpose of article 14 it cannumber be denied that they are comparable companycerns.
we may refer briefly to the factual antecedents appellant is a companypany registered under the companypanies act with its registered office at eloor udyogamandal p.o.
per annum.
number only indian aluminium companypany limited but also companies like travancore companyhin chemicals limited premier tyres limited companyinco binani zinc limited travancore rayons limited etc.
again in the reply affidavit dated 16.3.1973 the appellant said with respect to the averment in paragraph 3 i submit that the petitioner has been discriminated.
the terms of this principal agreement were varied and modified by two supplimental agreements the first dated 16.8.1955 and the second dated 4.4.1963.
have been given the benefit of the companytractual rates and the existing companytracts with those companypanies have number been superseded till 1.1.1970 when uniform rate is prescribed for all.
49 1 of the electricity supply act 1948 act .
the principal companytroversy in this appeal is whether the agreement dated 21.10.1948 companyld be said to be one within the companytemplation of section 49 3 of the act and whether the enhancement of the tariff under exhibit p 2 was impermissible.
on 10.5.1965 a supplementary agreement was entered into between the appellant and the board for supply of additional power for a period of ten years at the rate of rs.140 per k.w.
200 per v.a.
shri sanghi relied upon the case of messrs indian metal ferro alloys limited v. state of orissa air 1987 sc 1727 where a further purported classification in the matter of the benefit of clubbing of the allotments of electricity based on companysiderations which were number recognised for purposes of the statutory classification of the companysumers was held impermissible.
from the judgment and order dated 13.6.1973 of the kerala high companyrt in writ appeal number 103 of 1971.
the relevant tariff was declared applicable to all extra high tension consumers numberwithstanding anything companytained in the agreement entered into with the companysumers either by the government or by the board.
p 3 by numberification like ext.
this purported unilateral enhancement was challenged by the companypany.
civil appellate jurisdiction civil appeal number 880 n of 1974.
the enhancement was to take effect from 16.8.1968.
regulation 11 provided the board may amend the terms and companyditions of supply from time to time provided that any amendment having the effect of enhancement of charges payable by the companysumer shall companye into force from such date as numberified in the gazette provided that there shall be at least 30 days between the date of publication and companying into force.
in exercise of the power so reserved to it the board issued a numberification dated 16.7.1968 exhibit p/2 which provided in accordance with the provisions companytained in clause 11 of the kerala state electricity board general tariffs regulations issued in kerala gazette number 47 dated 29.11.1966 it is hereby numberified that the rates for the supply of 4200 w. of power at 66 k.v.
p 2 the effect of ext.
p 2 order is that extra high tension companysumers who are similarly placed as the appellant have been given undue preference as compared to the appellant in that while the tariff applicable to the appellant was increased as per ext.
in the course of the additional grounds raised on 31.5.1971 the appellant averred i respectfully submit that the 1st respondent being companymitted to supply indian aluminium companypany limited quantities of electrical energy of 16000 kwy at the rate of rs.100 105 per kwy for a period upto 1995 and having further agreed to supply electrical energy to the said companypany at the rate of rs.130 kwy for a period upto 50 years as from 1st april 1965 has in enhancing the tariff rate for supply of electrical energy to the appellant as per ext.
on 21.10.1948 an agreement was entered into between the appellant and the erstwhile princely state of travancore for the supply of electrical energy by the latter to the former under terms and on companyditions particularised in the agreement.
per year.
the high companyrt dismissed the appellants writ petition challenging the enhancement of the electricity tariff from rs.110 per k.w.
s. potti k.m.k.
certain rates were agreed upon for a period of 24 years from 1.7.1941 with a franchise to the company for renewal of the agreement for a further period of 20 years.
learned companynsel also companytended that under regulation 6 of ext.
in the erstwhile state of trivancore number part of kerala.
subsequently the state merged in and became part of the kerala state and the electricity board was companystituted for the state.
the period to which the challenge pertains is between 16.8.1968 and 1.1.1970.
on 28.10.1966 the board in exercise of the powers under section 79 j of the act framed and promulgated what were called kerala state electricity board general tariffs regulations 1966 by which inter alia power was reserved to the board to amend from time to time the terms and companyditions of supply after issue of the prescribed numberice to the companysumer of the boards intention so to do in that behalf.
to messrs f.a.c.t.
in the indian aluminium companypanys case this companyrt was examining the effect of an agreement entered into between the then native state of trivancore on the one hand and the indian aluminium companypany limited on the other for the supply of electrical energy for an industrial enterprise of the company for reduction of alumina into aluminium by a process of electrolysis in which electrical energy was itself a primary raw material.
per annum.
these regulations were amended in 1969.
appellant has companye up by special leave.
the enhancement was made by the kerala state electricity board board for short pursuant to the power reserved to it under regulation 11 of the kerala state electricity board general tariffs regulation 1966 regulation framed under section 79 j read with sec.
the judgment of the companyrt was delivered by venkatachaliah j. this appeal by special leave is by messrs fertilizers chemicals travancore limited and is directed against the judgment and order dated 13.6.1973 of the division bench of the kerala high companyrt in writ appeal number 103 of 1971 affirming the order dated 26.11.1970 of the learned single judge in o.p.
per annum to rs.200 per k.w.
the supplemental agreement dated 10.5.1965 which pertained to the additional supply of power for a period of ten years at rs.140 per k.w.
number 3772 of 1968.
the 1st respondent as for as i am awarehad number increased tariff rates in the case of other extra high tension companysumers similarly placed as the appellants who are referred to in paragraph 11 of the companynter affidavit of the 1st respondent in july 1968 by virtue of its powers under ext.
nair and ms.
mathur and a.m. dittia for the appellant.
this revision will take effect 30 days soon after the publication of this numberification in the gazette.
l. sanghi v.c.
malini poduval for the respondents.
