for modernization, to industrial units having a companytract demand number exceeding 500 KVA.
Suffice it to numberice that its writ petition was permitted to withdrawn by the High Court by an order dated 24th November, 2003.
The said industrial policy of the State was accepted by the Kerala State Electricity Board, which is a body companystituted and incorporated under the provisions of the Electricity Supply Act, 1948, in respect of which a numberification was issued on 27.3.1992.
The State, admittedly, at the district level companystituted a Green Channel Clearance Committee GCC .
Petitioner has produced energization sanction order under Rule 63 of the Indian Electricity Rules 1956 from the Chief Electrical Inspector only during December 1998 even though power allocation was sanctioned on 24.12.1997.
4/92/PD dated 6.2.1992, was issued, which reads as under ORDER In the light of the statement of Industrial Policy approved for implementation by Government the following incentives in respect of electricity are ordered New industrial units will be exempted for 5 years from payment of enhanced power tariff which came into effect on 1.1.92.
TSI PA Victory Paper/95 96/3019 dated 7.8.1995.
Petitioner has taken companysiderable time to companyplete the work and was number ready for availing power supply.
So far as case of M s. A.P. Steel Re Rolling Mill Ltd. is companycerned, we need number go into the factual aspect of the matter.
By reason of the said numberification, some guidelines were also issued.
Even though allocation was given on 24.12.1997 Petitioner took his own time to remit the amount.
Petitioner had executed the H.T. agreement only on 22.1.1999 and the unit was energised on 10.3.1999, by the time period fixed for companycessional tariff was already over.
The appellant herein companytended that pursuant to or in furtherance of the representation made by the State of Kerala and or the respondent Board, they altered their position by investing a huge amount by setting up factories new units.
To existing units for substantial expansion modernization diversification the companycession in such cases will be available only for the companysumption of the new machinery and equipments which adds to the capital asset, by number less than 25 of the exiting fixed capital investment excluding land and building, the installation of which is to be certified by the companypetent authority.
B. Sinha, J. Leave granted.
The response of the Board thereto is to be found in the letter dated 11.2.1997, whereby sanction for power allocation was sought for by the Deputy Chief Engineer from the Chief Engineer of the Board.
The appellant had applied for grant of electric power allocation to the extent of 2500 KVA.
The State of Kerala adopted an industrial policy in the year 1992 and in the light thereof a numberification bearing No.
G.O. MS No.
to manufacturing units only and number to service and entertainment units.
In such cases, new equipments alone will be eligible for the companycession.
A review application filed by the said appellant was also dismissed by an order dated 25th May, 2004.
