JINDAS OIL MILL & ORS. versus GODHRA ELECTRICITY CO. LTD.

JINDAS OIL MILL & ORS. versus GODHRA ELECTRICITY CO. LTD.

Under the Electricity (Supply) Act, 1948, as amended in 1956, and Schedule VI, a licensee has the unilateral legal right to enhance electricity charges after expiration of the period fixed by government/rating committee, subject to statutory conditions; old government-fixed rates do not constitute a vested right surviving amendment, and the amended Act governs rate enhancement procedures.

Parties
Appellants: Jindas Oil Mill & Ors.; Respondent: Godhra Electricity Co. Ltd.
Jurisdiction
India
Judgment Date
26 February 1969
Procedural Posture
Civil Appeal / Appeal From Gujarat High Court (letters Patent Appeals Nos. 43 and 42 of 1966)
Outcome
appeals dismissed
Legal Topics
Rate Fixation, Enhancement of Electricity Charges, Vested Rights, Retrospectivity, Statutory Construction
Electricity Law Administrative Law Rate Fixation Enhancement of Electricity Charges Vested Rights Retrospectivity Statutory Construction

Case Brief

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Parties

Jindas Oil Mill & Ors.

Appellants

Godhra Electricity Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Gujarat High Court (letters Patent Appeals Nos. 43 and 42 of 1966)

Legal Issues

  1. 1 Whether, under the Electricity (Supply) Act, 1948 as amended in 1956, the licensee (respondent) can unilaterally enhance electricity charges fixed earlier by government without rating committee recommendation.
  2. 2 Whether consumers (appellants) have a vested right to the rate fixed by the Government in 1952 until altered by rating committee/government.
  3. 3 Effect of amendments in the Supply Act, 1948 on vested rights and procedure for rate enhancement.

Ratio Decidendi

Under the Electricity (Supply) Act, 1948, as amended in 1956, and Schedule VI, a licensee has the unilateral legal right to enhance electricity charges after expiration of the period fixed by government/rating committee, subject to statutory conditions; old government-fixed rates do not constitute a vested right surviving amendment, and the amended Act governs rate enhancement procedures.

Court Disposition

appeals dismissed

Orders

  • Appeals fail and are dismissed with costs; one hearing fee awarded.