K.D. INDUSTRIES versus BIHAR STATE ELECTRICITY BOARD AND ORS.

K.D. INDUSTRIES versus BIHAR STATE ELECTRICITY BOARD AND ORS.

The Bihar Government's Industrial Policy, as clarified, does not distinguish between high-tension and low-tension connections for the purpose of exemption from minimum guarantee charges. The Board having accepted the Government’s direction is bound to grant exemption to both low and high-tension connections. The...

Source-derived case information.

Parties
Appellant: K.D. Industries; Respondent: Bihar State Electricity Board and Ors.
Jurisdiction
India
Judgment Date
21 March 2001
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Patna High Court
Legal Topics
Electricity Tariff, Minimum Guarantee Charges, Exemption for Industrial Units, Governmental Policy Directions, Section 78 a, Electricity Supply Act, 1948
Electricity Law Administrative Law Electricity Tariff Minimum Guarantee Charges Exemption for Industrial Units Governmental Policy Directions Section 78 A, Electricity Supply Act, 1948

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Summary, issues, holding and outcome

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Parties

K.D. Industries

Appellant

Bihar State Electricity Board and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Patna High Court

Legal Issues

  1. 1 Whether low-tension industrial users are entitled to exemption from payment of minimum guarantee charges under Bihar's Industrial Policy, 1995.

Ratio Decidendi

The Bihar Government's Industrial Policy, as clarified, does not distinguish between high-tension and low-tension connections for the purpose of exemption from minimum guarantee charges. The Board having accepted the Government’s direction is bound to grant exemption to both low and high-tension connections. The refusal to exempt low-tension connections was illegal.