Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity (Supply) Act Administrative Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Electricity (Supply) Act, 1948 :s.49 - Fixing of tariff - Bihar State Electricily Board c Notification dated 21.6.1993- Clauses 16.10.3, 16.10.3.1 and 17 - Amendment to - Levy of 'Fuel surcharge' - Formula - Held : Though fuel surcharge is a part of tariff, fixing rate of fuel surcharge under Clause 16.10 of Tariff Notifil:ation is different from fixing tariff u/s 49 of the Act - Where fixng rate of fuel surcharge is just an arithmetical exercise, giving opportunity of hearing would not serve any purpose - Electricity Board is entitled to levy fuel surcharge on the consumers receiving high Tension supply leaving out the consumers coming in other categories - Validity of the formula has already been upheld - Fuel surcharge is to be calculated strictly within the framework of the formula Administrative Law - Subordinate Legislation - Principle of natural justice - Opportunity of hearing - Constitution of India, 1950 - Article 14. The instant appeals were filed against the juctgment of the High Court in writ petitions filed by the consumers challenging the levy and collection of fuel surcharge by the Bihar State Electricity Board. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 516 |
Petitioner | Bihar State Electricity Board |
Respondent | M/s Pulak Enterprises & Ors. |
SCR | [2009] 6 S.C.R. 292 |
Judgement Date | 2009-04-15 |
Case Number | 7220 |
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