The Writ Appeal No.
120 of 1971 before this Court.
the Tamil Nadu Elec tricity Supply Undertaking Acquisition Act, 1954, had made an order on 12.1.1968 declaring that the undertaking of the petitioner shall vest in the Government with effect from 15.7.1968.
The petitioner company filed a writ petition No.
On 12.1.1968, the State Government in exercise of its power under Section 4 1 of the Madras Electricity Supply Undertakings Acquisition Act, 1954, made an order for the taking over of the undertaking.
During the pendency of the proceedings before the High Court and before this Court, petitioner had had the benefit of interlocutory orders, staying delivery of possession of the undertaking.
During the pendency of the proceedings in the High Court and in the appeal before this Court, there were interlocutory orders, staying delivery of possession of the undertaking.
The writ petition was dismissed in Madras High Court on 3.7.1968.
The appeal before this Court was however, withdrawn by the companypany on 5.10.
of the action taken under the 1954 Act and a fresh order dated 30.10.1973 under Section 4 1 of 1973 Act came to be promulgated declaring that the undertak ing of the .
The petitioner preferred, by special leave, an appeal to this Court in CA 119 of 197 1.
Soli J. Sorabjee, Harish N Salve, A.K. Verma, K.J. John, Srinivasamurthy, Ms. Naina Kapur, J.B. Dadachanji and Joel Pares for the Petitioners.
Shanti Bhushan and A.V. Rangam for the Respondents.
703 of 1968 in the High Court of Madras.
338 of 1968, filed by the petitioner was also dismissed by the Division Bench.
The initial period of the .
At the time the order under Section 4 1 impugned in the writ petition was made, the unexpired period of the licence was upto 22.8.1974.
petitioners would vest in Government with effect from 1.12.1973.
704 of 1968 in the High Court of Madras, challenging the companystitutional validity of the 1954 Act under which the order was made.
The order under Sec tion 4 1 of the 1973 Act in the case of the petitioner in WP 14 of 1974 was made on 30.10.1973 declaring 1.12.1973 as the date of the vesting.
5 N of 1974.
The Company preferred, by special leave, CA No.
Howev er, the petitioner withdrew the appeal, according to it, on the suggestion of the Government With a view to facilitating negotiations for a settlement.
15 of 1974, the first petitioner, the Nagapatnam Electric Supply Co. Ltd., a public limited companypa ny, was the grantee of a licence, dated 22.8.1933, under the Indian Electricity Act, 1910, by the then Government, Presi dency of Madras, for the supply of electricity in the areas specified in the grant.
At the time the impugned order under Section 4 1 of the Act was made, in relation to the Electricity Supply Undertaking of this companypany, the unex pired period of the licence was up to 15.4.1978.
The three petitioner companies assail the companystitu tional validity of the Act as also the orders made under Section 4 1 in the individual cases.
ORIGINAL JURISDICTION Writ Petition No.
However, on 30.9.1973, the Act in the present proceed ings came into force.
In WP No.
Thereafter, 1973 Act came into force.
The petitioner also challenged the companystitutional validity of the 1954 Act in WP No.
licence was 20 years with a provision for renewal for further peri ods of 7 years each.
At the relevant time when the order under Section 4 1 was made, the remaining period of the licence was upto 14.5.
The Vellore Electric Corporation Ltd., petitioner in WP No.
The facts in W.P. 14 of 1974 are the following The petitioner, the Kumbakonam Electric Supply Corpora tion Ltd., a public limited companypany, then engaged in the business of distribution and supply of electrical energy in the Taluks of Kumbakonam and Papanasam and a portion of Thanjavur Taluk, in the District of Thanjavur in the State of Tamil Nadu, was granted a licence dated 15.4.1930 under the Indian Electricity Act, 1910, by the Government of the then Presidency of Madras.
As stated earli er, SectiOn 23 of the Act sought to nullify the effect.
1973 fixing 1.12.1973 which was later postponed to 7.1.1974 as the date of vesting.
The State Government in exercise of powers under Section 4 1 of the Act made an order dated 30.10.1973, served on the petitioner on 5.11.
As in the case of Kumbak onam Electric Supply Corporation Ltd., so in the present case, Government in purported exercise of powers under Section 4 1 of the earlier Act, viz.,
The initial period of the licence was 20 years with a provision for renewal for further peri ods of 7 years each.
The Writ Appeal 337 of 1968 pre ferred by the companypany before a Division Bench of the High Court, also came .to be dismissed.
That writ petition was dis missed on 31.7.1968.
