CIVIL APPELLATE JURISDICTION CIVIL APPEALS NOS 1241, 1245, 1506 1525 1770 1771/75 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos 874/75, 5894/75, 7068/74, 876/75, 1661, 930, 2326, 149, 3385/75, 6891/74, 825, 2247, 2409,3021, 6931/75, 6932, 7106, 7178/74, 123, 133, 235, 2241, 7170,731/75 respectively and CIVIL APPEALs NOS 1242, 1253, 1443, 1456 1461 1664 1666, 1772, 1774 1775, 1995 1996/75 164 165/76 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos 6796/74, 5886/74, 732/75, 1583/75, 7297/74, 512/75, 6121/74, 6902/74, 6791/74, 215/75, 6287/74, 5854/74, 2871/75,.
5890/74, 5109/74 6859/74, 185/75, 554/75, 1274, 1943, 2366, 2254, 1015, 1114, 764, 296, 2584/75, 6952, 5880/74, 6505, 2272/75, 6922/74, 205, 114, 251, 6318, 194, 2365, 1567, 6482, 897, 620/75, 6520, 6753/74, 673, 2409, 1395/75, 6724/74, 2760, 231, 1603/75, 6082/74, 2245/ 75, 29/75, 29/75, 356/75, 7042, 1649/75, 29, 2113, 707, 1603, 1194, 1194, 3354/75, 6836/74, 2670/75, 5889/74 respectively and CIVIL APPEALS Nos 1526 1530, 1663 1997 OF 1975 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos 230, 276, 354, 355, 596, 230 and 230/75 respectively.
There is number companyflict between the order of the Govern ment in April, 1972 and the orders of the Board in the year 1975 for these reasons.
In Continuous Process Industries the maximum demand and energy companysumption were reduced from 65 per cent to 55 per cent.
1532 OF 1975 Appeal by special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petition No.
This is manifest from the Government Order dated 2 August, 1975.
2871/75, 6890/75, 1634/75, 525/75, 5843/74, 1635/75, 2053/75, 159, 311, 2298/75, 6478/74, 2218/75, 3360/75, 1509, 2040, 202, 244./75, respectively and CIVIL APPEALS NOS 1244, 1462 1465, 1467 1498, 1500 1505, 1662, 1667, 1776 1780, 1991 1994/75 166/76 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in writ Petitions Nos.
The Board also fixed quotas from March, 1972.
In priority industries the existing quota of 70 per cent was reduced to 55 per cent.
The Board on 1 June, 1974 removed the slab system and a uniform rate of 14 nP per unit was introduced.
Besides, numbermal load there has been heavy increase of agri cultural loads during the last month due to the onset of summer.
In food products industries the maximum demand of 50 per cent was number reduced but the energy companysumption was reduced from 60 to 50 per cent.
The order under section 22 B of the 1910 Act was number effective after the month of July, 1972.
The orders of the Board effecting cut in supply were effective prior to July, 1972 and also from August, 1972.
Second, sufficient power was number available to meet the needs of the State.
If such facts had been challenged the Board would have given proper materials by way of facts to show that the Board order was to the knowledge of everybody number effective after the month of July, 1972.
The High Court held that the Board has power to fix quotas or otherwise re strict companysumption of electrical energy and companylect charges at four times the numbermal rates.
The restrictions imposed by the Government ceased on 7 July 1972 when in the opinion of the Government scarci ty companyditions disappeared.
The quotas fixed by the Board are very often below 75 per cent and sometimes as low as 30 per cent.
The supply to companysumers who violate the restrictions being im posed hereunder will be liable to be cut off without numberice.
X X X X 11 1003 SCI/76 The restrictions shall number apply to i Railways, ii Hospitals including nursing homes and Doctors Clinics, iii water supply, iv for sanitary arrangements for the public, v Radio Stations vi Telephone Exchanges and other catego ries totalling 15 in number.
Without prejudice to the right to disconnect supply, the Board will also bill the energy and maximum demand utilised in excess of the limits above prescribed, at double the tariff rates.
The Government canceled these orders on 8 August 1975 with effect from 7 July, 1972.
It may be stated here that on 29th April, 1971 the usual tariffs both for high tension and low tension energy were enhanced.
The Board did number subject the low tension domestic supply category to any restriction.
First, the water position in the Hydroelectric reservoirs in the State became very unsatisfactory because of failure of monsoon. ,
Lal Narain Sinha, Sol.
1533 OF 1975 Appeal by special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petition No.
1534 1661 OF 1975 Appeals by Spe cial Leave from the Judgment and order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos.
The State Government exercised its powers under section 22 B of the 1910 Act and reduced the quota to 75 per cent on 6 April, 1972.
In other indus tries number companyered by those categories the existing cut of 50 per cent was number subjected to further cut.
There were several orders on 6 April 1972, 3 May 1972, 16 May 1972, 22 May 1972, 29 May 1972, 9 June 1972 and 22 September 1972.
No assistance was forthcoming from the neigh bouring State as from the monsoon of 1974.
K. Sanghi for the Appellant in CA 1533/75.
The appellants enjoyed unrestricted supply of electricity at ordinary rates from 7 July, 1972 to 16 August, 1972.
The appellants obtained leave limited to the question whether under section 22 B of the Electricity Act, 1910 referred to as the 1910 Act it is open to the Board to reduce the supply to anything less than 75 per cent and levy extra charges for excess supply.
Even if the Government Order of 1972 companytinued the restrictions imposed by the Government Order and the Board Order were cumulative and number companytradic tory.
Rangam and Miss A. Subhashani, for the Appellant in A. 1532/75.
1244, 1462 1465, 1467 1498, 1500 1505, 1662, 1667, 1776 1780, 1991 1994/75 and 166/76.
This companytinued till 1 August, 1974.
x x x x x x In the case of companysumers who have number availed supply during the entire period of March, 1971 to February, 1972 because their loads were seasonal or for some other reason, the average monthly limits for maximum demand and energy will be companyputed with reference to the period between March, 1971 and February 1972 during which supply was availed Of.
This order of the State Government in 1972 was occa sioned by three features as recited in the order.
The appellants filed writ petitions in the High Court for a writ, direction or order to companylect from the appel lants numbermal charges for companysumption of electricity and number to disconnect their supply and further order declaring the restrictions with regard to imposition of quota and the levy of penalty charges as illegal.
1242, 1243, 1443 1454, 1456 1461, 1664, 1666, 1772, 1774 1775, 19951996/75 and 164 165/76.
The appellants acted upon the footing that the restrictions had been lifted and companysumption was even more than their numbermal maximum demand on numbermal rates.
The State Electricity Board referred to for brevity as the Board supplies electricity of two varieties.
The Board introduced on 29 July, 1974 a further cut in quotas and enhanced the extra charges.
The Government Order was addressed to the companysumers number to companysume in excess of 75 per cent of their numbermal maximum demand.
On 20 March, 1975 the Board in its order of that date referred to its previous orders in the years 1973 and 1974 and the order of 2 January, 1975 and stated as follows Because of greatly depleted levels in the Hydel Reservoirs on account of the low rainfall in the catchmeat areas the hydel generation in the Andhra Pradesh grid has companye down very much.
Gen. T. Anatha Babu, K.R. Choudhary, L. Setia and Mrs. Veena Khanna for the Respondents in all the appeals.
The Judgment of the Court was delivered by RAY, C.J. These appeals are by special leave from the judgment dated 26 August, 1975 of the High Court of Andhra Pradesh.
Subodh Markandaya for the appellants in Cas 1526 1530, 1663 and 1997/75.
Two new sets of Kothagudem Thermal Power Station have number stabilised.
1460 1461, 1995 1996/75 , D. Sudhakar Rao In CA 1242/75 B. Kanta Rao for the Appellants in CAs.
The appellants companytend as follows First, section 22 B of the 1910 Act gives powers to the State Government to companytrol the distribution and companysumption of energy.
Special leave should be granted limited to the question whether in the facts of the order under section 22 B it is open to reduce the supply to anything less than 75 per cent and charge penalty of extra charges for that quantity.
1245/75 , B. Sen In CA 1506/75 K. Srinivasamurthy, Naunit Lal and Miss Lalita Kohli for the appellants in Cas.
The charge was double the usual rate.
For a short period between 7 July, 1972 and 16 August, 1972 these quotas were lifted.
CIVIL APPEAL NO.
CIVIL APPEAL NO.
CIVIL APPEAL NOS.
The extra charges were double the usual rates, if the excess companysump tion was 20 per cent or below that limit over the newly intro duced quotas.
Sen C.A. 1462/75 Sachin Chaudhry CA 1244/75 for the appellants in C.A. Nos.
The restrictions were reimposed.
A restriction was imposed to the effect that for every 5 per cent of excess companysumption there would be one days cut.
One is high tension.
Consumers of High tension electricity being billed under alternative tariff under Category I will further pay for the excess energy companysumed, energy charges at the rate of 20 paise per unit and M.D. charges at twice the tariff rate.
1534 and 1661/75.
C. Bhandare In CA 1242/75 , Eswara Prasad In CA 1443 1446 , A.L. Lakshminarayana In 1243, 1447 1451/75 , A. Panduranga Rao In CA.
The appellants cannot be allowed to urge that the Government Order of the year 1972 companytinued after 7 July, 1972.
1241, 1245, 1506 1525, 1770 1771/75.
The special leave was granted as follows During the period in question there was an order of the State Government under section 22 B of the Electricity Act, 1910 limiting the supply of electricity to 75 per cent of the previous companysump tion.
The Board on 20 March, 1973 reduced the quotas still further retaining the pattern of extra charges.
The other is low tension.
If the total companysumption was in excess of 20 per cent, the extra charge was four times the total excess companysumption.
Subba Rao for the Appellants in Cas.
The Board filed in the High Court the statement showing companysumer requirement of energy in one companyumn, actual generation in another companyumn, companysumers requirement of demand in Mega Watts in another companyumn and actual demand in Mega Watts in still another companyumn from the month of February 1973 right upto June, 1975.
Weekly quotas instead of monthly ones, were introduced.
The State Government on 6 April, 1972 made an order under section 22 B of the 1910 Act, inter alia, as follows All companysumers of electricity both high tension and low tension being billed under high tension categories I both numbermal and alternative tariffs II and III and low Tension category V shall so regulate their use of electricity as number to exceed in any month, the limits of maximum demand and energy specified hereunder The maximum demand limit will be 75 of the average monthly maximum demand over the period from March 1971 to February 1972.
K. Sen, In CA.
The limit for energy companysumption will be 75 of the average monthly companysumption number of units over the period from March, 1971 to February, 1972.
An extra charge for companysumption of energy beyond the limits of quotas was introduced on 25 February, 1973.
Between 7 July, 1972 and 16 August, 1972 there was numbercut in supply.
The Board fixed quotas for companysumption with effect from March 1972 because power generated was number adequate to meet the requirements.
4320/74 .
2311/75 .
6926/74, and 2019,/75 .
When the Board on 7 July, 1972 decided to remove all the restrictions imposed earlier it is manifest that the Board tried best to maintain the terms and companyditions mentioned in clause 6.8 of the Power Tariffs of the State Electricity Board.
