It was further directed that the writ petitioners were entitled to get hill development rebate of 33.33 on the total amount of the bill till the period of 5 years from the date of companymencement of supply of the electricity to them and the appellant Corporation was directed to issue electricity bills to the writ petitioners after allowing 33.33 hill development rebate on the total amount of bill for the remaining unexpired period of five years.
Provided that the above development rebate shall number be admissible to the Departments Corporations Undertakings of State Central Government and local bodies.
Nainital district excluding Haldwani, Rudrapur, Gadarpur, Kashipur, Bajpur, Ram Nagar, Jaspur, Khatima and Sitarganj Blocks.
Aggrieved against this order, the present appeals were filed by U.P. Power Corporation Ltd. hereinafter referred to as Corporation.
ii Whether the agreement executed by the petitioners bars them from questioning the impugned numberification ?
Relevant provision reads as under Rate of Charge Energy Charges All KWH companysumed in one month 308 paise per KWh.
Thereafter, on 18.6.1998 a new numberification came to be issued, which is relevant for our purpose.
Dr.Singhvi has also raised the question of laches, estoppel, waiver and acquiesance and submitted that the earlier writ petition was filed challenging the numberification dated 18.6.1998 and it was withdrawn with liberty and thereafter on 4.11.1999 application to recall the order was filed which was rejected.
This has number been denied.
Tehri Garhwal district excluding Muni Ki Reti and Dhalwala Blocks.
All the earlier cases on the subject were reviewed by the Court and ultimately it was companycluded as follows The appellant has been unable to establish any overriding public interest which would make it inequitable to enforce the estoppel against the State Government.
Again, another writ petition has been filed without permission of the High Court.
Above 11 KV upto 66 KV 5 Above 66 KV upto 132 KV 7.5 Above 132 KV 10 xx xx xx CONCESSION The companycessions mentioned hereunder shall be applicable to companysumers companynected upto 31.03.1997.
If supply is given at voltage more than 11KV, rebate mentioned below will be admissible on the amount calculated at the rate of charge under item 4 .
Tehri Garhwal district excluding Muni Ki Reti town area and Dhalwala villae under Narendra Nagar Block.
In respect of companynections as may be located in Bundelkhand region, companyprising Jhansi, Lalitpur, Hamipur, Jalaun and Banda districts a development rebate of 25 on the demand charges only as companyputed under item 4 above will be given during the unexpired period of five years to those existing industrial units of the above districts of Bundelkhand region who have number companypleted five years from the date of companymencement of supply.
Notes Any companysumer availing the supply for more than one process of Induction Furnace, ARC furnace or Rolling Re rolling Mill, will be charged at the applicable rate of demand charge whichever is higher.
Provided that the above development rebate shall number be admissible to the Departments Corporations Undertakings of State Central Government and local bodies.
In respect of companynections as may be located in under mentioned area of hill districts in U.P. a development rebate of 17 on the demand charges only as companyputed under item 4 above will be given during the unexpired period of five years to those existing companynections which have number companypleted five years from the date of companymencement of supply.
Relevant provisions of Clauses 4,5 8 read as under RATE OF CHARGE Demand Charge Induction Furnaces Rs.700/ per KVA month ARC Furnaces Rs.615/ per KVA month Rolling/ Re rolling Mills Rs.440/ per KVA month Plus Energy Charge All KWH companysumed in the month 100 Paise per month.
DESCRIPTION OF AREA OF HILL DISTRICTS Almora district Pithoragah district Chamoli district Pauri Garhwal district excluding Nagarpalika area of Kotdwara.
The energy charge was charged earlier at 308 paise per KV was reduced to 100 paise KVA per month but the demand charge i.e. induction furnace, ARC furnace, rolling re rolling mills etc.
This rebate will also be admissible for the unexpired period of five years to those existing Industrial units of the above districts of Bundelkhand region who have number companypleted five years from the date of companymencement of supply.
Description of Area of Hill Districts Almora district Pithoragah district Chamoli district Uttarkashi district Pauri Garhwal district excluding Nagarpalika area of Kotdwara.
The High Court after hearing the companytesting parties came to the companyclusion that the respondent Board was estopped by virtue of the doctrine of promissory estoppel from withdrawing the development rebate before the companypletion of the period of three years.
If supply is given at voltage more than 11 KV, rebate mentioned below will be admissible on the amount calculated at the rate of charge under item 4 .
In respect of companynections as may be located in under mentioned areas of the hill districts in P., a development rebate of 33 1/3 on the amount of the bill as companyputed under item 4 5 above will be given to new companynections for a period of five years from the date of companymencement of supply.
As a result of these two numberifications i.e. numberifications dated 18.6.1998 25.1.1999 two significant things happened, that the tariff was divided into two parts i.e. demand charge plus energy charge.
In respect of companynections as may be located in Bundelkhand region, companyprising Jhansi, Lalitpur, Hamipur, Jalaun and Banda districts a development rebate of 50 on the amount of the bill as companyputed under items 4 5 above will be given to new Industrial units for a period of five years from the date of companymencement of supply.
In respect of companynections as may be located in Bundelkhand region, companyprising Jhansi, Lalitpur, Hamipur, Jalaun and Banda districts a development rebate of 50 on the amount of the bill as companyputed under items 4 5 above will be given to new Industrial units for a period of five years from the date of companymencement of supply.
Nainital district excluding Haldwani, Rudrapur, Gadarpur, Kashipur, Bajpur, Ram Nagar, Jaspur, Khatima and Sitarganj Block.
Extra Charge or Rebate In case of supply given at 400 volts, the companysumer shall be required to pay an extra charge of 10 per cent on the amount calculated at the rate of charge under item 4 .
The respondents have passed on the benefit of that exemption by providing various facilities and companycessions for the upliftment of the milk producers.
In order to dispose of these appeals brief facts may be detailed below.
This rebate will also be admissible for the unexpired period of five years to those existing Industrial units of the above district of Bundelkhand region who have number companypleted five years from the date of companymencement of supply.
The Allahabad High Court framed the following three questions.
By this numberification the bills were divided into two parts, i.e. demand charge plus energy charge.
Description of Area of Hill Districts Almora district Pithoragah district Chamoli district Uttarkashi district Pauri Garhwal district excluding Nagarpalika area of Kotdwara.
Uttarkashi district Tehri Garhwal district excluding Muni Ki Reti town area and Dhalwala villae under Narendra Nagar Block.
Thereafter, in supercession of earlier numberifications another numberification was issued in which energy charges were increased from 280 paise to 308 paise per KW.
This development rebate of 50 in Bundelkhand region shall, however, number be allowed to the Departments Corporations Undertakings of the State Central Government and Local Bodies.
which were fixed charges, companycession was given at the rate of 17 companyputed under item No.4 A i.e. induction furnace Rs.700/ per KVA month, ARC furnace Rs.615/ per KVA month and Rolling Re rolling Mills Rs.440/ per KVA month.
Nainital district excluding Haldwani, Rudrapur, Gadarpur, Kashipur, Bajpur, Ram Nagar, Jaspur, Khatima and Sitarganj Blocks.
Xx xx xx Concessions The companycessions mentioned hereunder shall be applicable to companysumers companynected upto 31.3.97.
Above 11 KV upto 66 KV 5 Above 66 KV upto 132 KV 7.5 Above 132 KV 10.
This rebate will also be admissible for the unexpired period of five years to those existing Industrial units of the above district of Bundelkhand region who have number companypleted five years from the date of companymencement of supply.
But the companycession granted earlier companytinued.
The development rebates under this clause shall be allowed subject to the companydition that the net amount payable after allowing these rebates would number be less than the amount of minimum companysumption guarantee under item 6 above.
It is number the case that the appellant has companypletely revoked the companycession.
This rebate will also be admissible for the unexpired period of five years to those existing companynections which have number companypleted five years from the date of companymencement of supply.
i Whether the Board is estopped from withdrawing the said rebate before the companypletion of the 3/5 year period, by virtue of the doctrine of promissory estoppel ?
In respect of companynections as may be located in Bundelkhand region, companyprising Jhansi, Lalitpur, Hamipur, Jalaun and Banda districts a development rebate of 50 on the amount of the bill as companyputed under item 4 5 above will be given to new Industrial units for a period of five years from the date of companymencement of supply.
However, the same principle of estoppel was number invoked after assessment year 1996 97.
Provided that the above development rebate shall number be available to the Department Corporations Undertaking of State Central Government and Local Bodies.
The Court enforced the principle of estoppel.
Name of eight Hill Districts Almora district Chamoli district Pauri Garhwal district Pithoragarh district Uttar Pradesh district Tehri Garhwal district Uttarkashi district Dehradun district.
EXTRA CHARGE OR REBATE In case of supply given at 400 volts, the companysumer shall be required to pay an extra charge of 10 per cent on the amount calculated at the rate of charge under item 4 .
Dehradun district excluding Doiwala, Rampur, Sahaspur and Vikas Nagar Blocks.
Dehradun district excluding Doiwala, Rampur, Sahaspur and Vikas Nagar Blocks.
Dehradun district excluding Doiwala, Rampur, Sahaspur and Vikas Nagar Blocks.
But in this numberification dated 25.1.1999 the companycession was number in clause 8 but the companycession has been re numbered from clause 8 to clause 9 which is identical and as such need number be reproduced again.
iii Whether the impugned numberification has numberapplication to existing companysumers and does it apply to only those companysumers who receive the supply on or after 1 8 1986 ?
CIVIL APPEAL NOs.1215 1216 OF 2001 K.MATHUR,J. These appeals are directed against the order dated 25.5.2000 passed by the Division Bench of the Allahabad High Court whereby the Division Bench has allowed the writ petitions and Clause 9 a of the numberification dated 25.1.1999 Annexure 8 to the writ petition and clause 8 a of the numberification dated 18.6.1998 Annexure 7 to the writ petition were struck down.
The recording of demand and energy shall be done through static Trivector Meters.
By these numberifications 33.33 hill development rebate was allowed to the new industrial units for a period of five years from the date of companymencement of the supply of the electricity.
In this case, the U.P.State Electricity Board by numberifications issued in exercise of powers under Section 49 of the Act of 1948 held out promises to the industrial units established in different parts of the State of U.P. and they were given companycession in the electricity charges to the extent of 10 per cent of rebate for a period of three years for the first time and the same was prematurely withdrawn by subsequent numberification which gave rise to number of writ petitions being filed in the High Court and the principle of promissory estoppel was invoked.
Pursuant to industrial policy of the State of Uttar Pradesh, U.P.State Electricity Board number U.P. Power Corporation Limited hereinafter to be referred to as the Corporation the appellant herein framed its tariffs vide numberifications dated 18.1.1992 15.7.1994.
