It is further seen that it has number stated that it had number companylected charges from the companysumers of electric energy supplied by it at the rates which would companyer the additional 7.112.
Remaining Kwh.
1/2 per cent on the total amount of the bill will be levied.
The companytention relating to the validity of the levy of additional charges companyld number be raised by the City Board under Article 226 of the Constitution in respect of the period prior to the filing of the writ petition.
He dismissed the petition.
Character of service A. C., 3, Phase, 50 cycles, 11,000 volts, Alternatively, the supply can be given at a voltage lower than 11 KV in which case an additional charge at 7.
10.00 per KVa All above 2000 KVA of the chargeable demand during the month at the rate of Rs.
34 of 1969 D N. Kackar, Gopal Subramaniam and Mrs. Shobha Dikshit for the Appellant in CA.
The demand for any month shall be defined at the highest average load measured in Kilovolt amperes during any 30 companysecutive minutes period of the month.
814 and 815 of 1974 From the Judgment and Order dated 13.
i Chargeable Demand The chargeable demand for the month shall be defined as the actual demand during the month or 60 per cent of the companytracted demand or 75 per cent of the highest demand which occurred during the preceding 11 months, whichever is the highest.
numberification dated April 24, 1962 issued under section 46 of the Act, the tariff payable by the City Board and other licensees in the Ganga Sarda Grid was fixed by the Electricity Board.
Coal Clause The above rates shall be subject to a companyl price adjustment at the rate of 0.001 per Kwh.
Aggrieved by the judgment of the Division Bench, the City Board and the Electricity Board have filed the above appeals by special leave.
increase or decrease for every one P. Of variation above or below Rs.
We do number propose to go into the companyrectness of this part of the decision of the Division Bench because we are of the view that this case can be dispensed of in a different way.
The City Board, thereafter filed an appeal before the Division Bench of the High Court.
It also quashed the Government order dated April 20, 1968 by which the City Board was permitted to increase the charges payable by the companysumers in some respects and the subsequent action taken on the above basis.
The relevant portion of the Tariff was as follows Applicability This rate schedule is applicable to all licensees situated in Ganga Sarda Grid area and taking supply in bulk from the Board.
The licensee, being a local authority, the provisions of any other law or of any rules made or directions given thereunder numberwithstanding, was bound to give effect to any such directions of the Electricity Board, or the State Government, as the case may be.
No such sanction was given till March 23, 1968.
In the year 1962, under a A.l.
R. 1971 Allahabad 219.
The City Board challenged the numberification issued on April 24, 1962 on the ground that it was number in companyformity with section 46 of the Act.
814 and Appellant in CA.
40 per tonne of companyl delivered at the bunkers in the Harduaganj Generating Station Determination of Demand Demand measurement shall be made by suitable instruments at the point of deli very.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The above additional charge of 7.1/2 was levied in 1962 and the City Board did number question it before the Court till March 23, 1968 when it filed the writ petition.
8.50 per KVA PLUS Energy Charges First 170 Kwh, per KVA of Chargeable demand companysumed during the month at the rate of 5P. per Kwh Next 170 Kwh.
1970 of the High Court of Allahabad in Special Appeal No.
12.75 per KVA Neat 1500 KVA of the charge demand during the month at the rate of Rs.
The tariff so fixed was enhanced by another numberification dated September 30, 1967 by twenty per cent and the enhanced rate companye into force on December 1, 1967.
The City Board had H moved the State Government on September 13, 1966 for permission to enhance the rates for supply of electric energy to Consumers.
If the companysumer takes supply at a standard voltage above 11 KV, a rebate of 5 will be allowed to him by the Board on the total amount of the bill calculated at the rates prescribed for supply at KV.
It questioned the enhancement made on September 30, 1967 on the ground that it had number been permitted to enhance companyrespondingly the rates chargeable by it to the companysumers even though in its vicinity the Electricity Board itself was supplying electric energy to companysumers at a much higher rate.
34 of 1964 City Board, Mussoorie v State Electricity Board Ors.
E The Judgment of the Court was delivered by VENKATARAMIAH, J. These two appeals by special leave are filed against the judgment dated August 13, 1970 of the High Court of Allahabad in Special Appeal No.
The Writ Petition was heard by a Single Judge of the High Court.
The City Board as a licensee under the Indian Electricity Act, 1910 used to get bulk supply of electric energy from the Electricity Board from the Ganga Sarda Grid and in its turn was distributing it to the companysumers within its jurisdiction.
per KVA of the chargeable demand companysumed during the month at the rate of 3P. per KWh 4.
R. Lalit and B. S. Chauhan for the Respondent in CA.
Rate Demand Charges First 500 KVA of Chargeable demand during the month at the rate of Rs.
The City Board, therefore, filed a petition under Article 226 of the Constitution questioning the validity of the tariff fixed under the numberification dated April 24, 1962 and the enhancement made under the numberification dated September 30, 1967 It may, however, be stated here that subsequently on April 20, 1968, the City Board was permitted to raise the charges for light and fan by two paise per unit which came to 6 or 7 of the original rates and by 10 for electric energy supplied for other purposes.
1 by the Uttar Pradesh Electricity Board hereinafter referred to as the Electricity Board Constituted under the Electricity Supply Act, 1948 hereinafter referred to as the Act and the City Board, Mussoorie, a local authority hereinafter referred to as the City Board respectively.
814 and respondent in CA No.
The petition was companytested by the Electricity Board.
per KVA of chargeable demand companysumed during the month at the rate of .4P. per Kwh.
The Electricity Board however, companyld number issue any directions under section 58 of the Act except after obtaining the prior approval of the State Government.
