Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tariff Schedule Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Electricity Act, 1910 (9 of 1910) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Act, 1910: ss. 30 and 58 read with PSEB Circular No. CC23/90 and Clause 8-b of Tariff Schedule - Levy of load surcharge at additional rate - Held: Was only meant for a load which was unauthorized or not sanctioned and if a particular load of a consumer is sanctioned or authorized, load surcharge at additional rate could not be levied under Clause 8-b of the Schedule of Tariff - In the instant case, the load of the TG Set detected was a sanctioned load and was not an unauthorized load - Therefore, appellant could not be held liable for load surcharge under Clause 8-b, even if by the aid of bus coupler, inter-transferability of load could be effected between the Set of appellant and the energy supplied by respondent-Board - Demand raised against appellant quashed - Punjab State Electricity Board Circular No. CC 231/90.The appellant-owner of a sugar mill, installed a TG set of 3187.500 KW capacity and applied for its approval to respondent no. 1 State Electricity Board. The Chief Engineer, Commercial of respondent no. 1-Board, by memo dated 8.12.1992, granted permission to the appellant for installation of two TG sets subject to some conditions. The instant appeals arose out of the demand notices issued to the appellant by the Sub-Divisional Officer of respondent no. 1 stating that as the TG Set and by load had not been sanctioned by respondent no. 1, the appellant was liable for excess unauthorized TG set load of 3187.500 KW and standby load of 2226.330 KW at the additional rate of Rs.1000/- per KW. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 53 |
Petitioner | M/s Oswal Agro Mills Ltd. |
Respondent | Punjab State Electricity Board And Others. |
SCR | [2013] 1 S.C.R. 526 |
Judgement Date | 2013-01-23 |
Case Number | 662-663 |
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