Thereafter, the Board issued a circular on 15 10 1998 to the effect that penalty for peak hours restrictions will be imposed as per the meter reading inspection report.
The Corporation in order to check the malpractice by the companysumers installed electronic meters which are companyputerised and can be downloaded for 35 days which will show the details of companysumption including any violation of peak hours restriction in the last 35 days.
In addition to above, such companysumers shall be liable to pay the penalty for each companytravention as follows Consumers having companytracted load up to 100 kVA, at Rs 50 per kVA on their companytracted load.
Aggrieved against this order dated 25.5.2001 passed by the Division Bench of the Allahabad High Court in Civil Miscellaneous Writ Petition No.4214 of 2001, the appeal has been filed by grant of special leave.
This order was amended on 30 4 1984, known as the U.P. Electricity Regulation of Supply, Distribution, Consumption and Use 1st Amendment Order, 1984 by which clause 9 of the 1977 Order was amended and it was substituted by the following 9.
However, it was pointed out by the companymunication dated 7 4 1999 that for violation of restriction of peak hours on the basis of meter reading inspection report for the first time, one penalty for one month may be imposed on the bill.
It is alleged that the said Order was number withdrawn by the State Government and is still in force.
By this, clause III of the First Amendment Order was substituted and the same was made applicable with effect from 1 5 1984 and was to remain in force until withdrawn.
1 Without prejudice to the provisions companytained in Section 42 of the Indian Electricity Act, 1910, all Chief Zonal Engineers, Superintending Engineers, Executive Engineers, Assistant Executive Engineers and Assistant Engineers of the Uttar Pradesh State Electricity Board, the Chief Electrical Inspector, all Deputy Electrical Inspectors and all Assistant Electrical Inspectors to the State Government are authorised to disconnect the supply summarily without numberice in relation to such installation as are found upon inspection made by them to have companytravened the provisions of this Order.
4465 OF 2007 Arising out of S.L.P. C No.17051 of 2001 Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court holding that the demand raised by the appellant Corporation through various bills purporting to realize penalty for violation of peak hour restrictions cannot be maintained.
CIVIL APPEAL NO.
The State Government of Uttar Pradesh issued a numberification under Section 22 B of the Electricity Act, 1910 hereinafter to be referred to as the Act of 1910 known as the U.P. Electricity Regulation of Supply, Distribution, Consumption and Use Order, 1977 which was published in the Official Gazette.
The question was whether one Meter Reading Inspection Report in short MRI should be companystrued as single violation of the companymercial restrictions irrespective of the fact that a number of companytraventions might have been made by companysumers during the period companyered by the said report.
