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| BBIA, ASSI challenge increase electricity tariff 25 to 50 % | | HC dismisses both the appeals | | Early Times Reporter
Jammu | Aug 12
Justice Virender Singh of J&K High Court Jammu wing today, in two appeals filed by Bari-Brahmana Industries Association and Association of Small Scale Industries V/s PDD & Ors challenging the increase of electricity tariff from 25 to 50%, has dismissed both the appeals with the observation that the approval tariff of various categories of consumers in the manner of consumption of energy up to a particular level, shows an in-depth approach of the commission qua the task in hand. Therefore, it cannot be said that increase has been made without application of mind or it is not based on evidence. Examining the entire controversy from the factual matrix and from the legal point of view, Court is of considered view that the impugned tariff order does not suffer from any legal invalidity so as to call it perverse.
In the approved for reporting 71 pages judgment Justice Singh, after hearing Sr. Adv ZA Shah with Adv Vipin Gandotra appearing for BBIA and Adv KS Johal appearing for ASSI, Advocate General Mr. AH Naik appearing for PDD and Sr. Adv AV Gupta with Adv Swati Gupta appearing for State Electrify Regularity Commission dismissed both the petitions.
In the petition it has been alleged that recovery from the Kashmir region of the state which consumes 63% of total available power, is poor at 30% and that too mainly from the Government Departments and security forces while as against the total revenue collection of 70 per cent only 37% of the available power is supplied to Jammu region. The HC said the whole issued and the total approved sale of power for the year 207-08 was considered and worked out by the Commission. The revenue at the existing tariff was at Rs 6295.5 crores while as the approved tariff gone up to the level of Rs 1042.1 crores. The average tariff considered for all the categories of consumers comes to Rs 2.46 per unit. Specifically to the case of appellants, it comes Rs 2 per unit in case of LT Industrial, Rs 2.72 per unit in case HT Industrial Unit and Rs 3.49 per unit in case HT industrial for power intensive industries. All the available data has been adequately and deeply considered by the Commission in the light of the contention of the utility, as projected in the petition and objections raised by the appellants. Before handing down the order, the Commission had the assistance of the expertise in the field technical know-how and assistance was also rendered to it. On certain issues, the Commission even expressed its distributing concern emanating from non-availability of the data and thus observed against the utility. Court observed that impugned tariff order does not suffer from any legal invalidity so as to call it perverse and dismissed both the appeals. JNF |
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