U.P STATE ELECTRICITY BOARD. LUCKNOW & ORS. versus CITY BOARD, MUSSOORIE & ORS. ETC. (AND VICE VERSA)

U.P STATE ELECTRICITY BOARD. LUCKNOW & ORS. versus CITY BOARD, MUSSOORIE & ORS. ETC. (AND VICE VERSA)

The framing of regulations under s.79(h) is not a condition precedent to the fixation of the Grid Tariff under s.46 of the Electricity (Supply) Act. The Act provides sufficient legislative guidance and control for the Board to fix tariffs, and the notifications issued were not arbitrary. The High Court's relief regarding questioned levies is limited to a small period close to the writ filing, as the City Board was not shown to have suffered loss nor made timely challenge.

Parties
Appellant/respondent: U.P. State Electricity Board, Lucknow & Ors.; Respondent/appellant: City Board, Mussoorie & Ors.
Jurisdiction
India
Judgment Date
08 February 1985
Procedural Posture
Civil Appeal / Supreme Court Judgment on Special Leave From a High Court Decision
Outcome
Appeals disposed of; partial relief maintained for a limited period as per High Court decision, with further directions to Electricity Board as per High Court.
Legal Topics
Grid Tariff Fixation, Regulation Under Electricity (supply) Act, Challenge of Tariff Notifications, Powers and Procedures Under Article 226
Electricity Law Administrative Law Constitutional Law Grid Tariff Fixation Regulation Under Electricity (supply) Act Challenge of Tariff Notifications Powers and Procedures Under Article 226

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Parties

U.P. State Electricity Board, Lucknow & Ors.

Appellant/respondent

City Board, Mussoorie & Ors.

Respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Special Leave From a High Court Decision

Legal Issues

  1. 1 Whether framing of regulations under section 79(h) of the Electricity (Supply) Act, 1948, is a condition precedent for fixing the Grid Tariff under section 46
  2. 2 Whether fixation of a common Grid Tariff for all licensees in a grid area is permissible
  3. 3 Whether the levy and enhancement of additional charges in the tariff notifications were valid

Ratio Decidendi

The framing of regulations under s.79(h) is not a condition precedent to the fixation of the Grid Tariff under s.46 of the Electricity (Supply) Act. The Act provides sufficient legislative guidance and control for the Board to fix tariffs, and the notifications issued were not arbitrary. The High Court's relief regarding questioned levies is limited to a small period close to the writ filing, as the City Board was not shown to have suffered loss nor made timely challenge.

Court Disposition

Appeals disposed of; partial relief maintained for a limited period as per High Court decision, with further directions to Electricity Board as per High Court.

Orders

  • No order as to costs.
  • The High Court's relief regarding the additional charges and tariff enhancement remains only for the narrow period from March 23, 1968 to July 1, 1968.