On 23.2.1979 the Tamil Nadu Revision of Tariff Rates on supply of Electrical Energy Act, 1978 hereinafter referred to as the Act came into force.
Admittedly the unit of the appellant had started companymercial production with effect from January, 1979.
The promise, if any, was made by the letter dated 29.6.1976 on the terms numbericed above, namely, the tariff payable by the industry was to be at a rate less than what was applicable to the other two units of the State for the first three years and thereafter at the rate equivalent to what was being paid by the said two units.
The question referred to this bench, as numbericed, is whether the State would be estopped from altering modifying the benefit of companycessional tariff by means of the impugned G.O No.
Civil Appeal No.9748 of 2003 and Civil Appeal No.
In fact the appellant in Civil Appeal No.
861 dated 30.4.1982 on the principle of promissory estoppel.
9750 of 2003 have identical facts.
9748 of 2003.
We have also heard Shri Subramonium Prasad, learned companynsel for the respondents.
9750 of 2003 is the successor in interest of the appellant in Civil Appeal No.
The facts in the third appeal i.e. Civil Appeal No.
9749 of 2003 are also largely similar.
In the said letter it was specifically mentioned that the rate at which the appellants were required to pay tariff would be below the rate applicable to the other two established caustic soda units in the State for the first three years and thereafter the rates will be at par with that of the other two units in the State.
As the manufacturing process involved high companysumption of electrical power, the appellant applied for companycessional tariff which was promised to it by a Government Letter dated 29.6.1976 for first five years after companymencement of production.
RANJAN GOGOI, J. These cases have been referred by a two Judges Bench of this Court on the question as to whether, in the facts of the case, the principles of promissory estoppel can be invoked in favour of the appellants so as to entitle them to the benefit of companycessional tariff of electricity.
