Court : Kolkata
Reported in : AIR1981Cal395,85CWN148
ORDERManas Nath Roy, J.1. By a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act), lands in full and in Plots Nos. 1376 and 1377. Jurisdiction List No. 108, P. S. Pandua, Village Pandua, District Hooghli. were sought to be acquired for a public purpose viz. for construction of office-cum-quarters of the Sectional Officers at Pandua for Rural Damodar Irrigation. Such notification was dated 22nd September, 1972, and was issued in the extraordinary issues of the Calcutta Gazette on 28th December 1972. The petitioners claim to be the owners of the lands as notified. It is the case of the petitioners that within the period as prescribed, the State of West Bengal had not published any declaration under Section 6 of the said Act, in respect of the plot of lands as mentioned in the notification under Section 4, by giving the boundaries, approximate areas and Khatian numbers and on 9th August 1974, for the first time, the petitioners receive...
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
1. I have had the advantage of going through the judgment in draft of my learned brother, Mr. A.A. Khan, Technical Member. I respectfully agree with the conclusions arrived at by him. I would, however, like to say a few words of my own with regard to the impact of the fourth proviso to Section 14 and effect of Sections 61, 62 and the relevant provisions of the Electricity Act, 2003 (for short Act of 2003) on the provisions of the DVC Act, 1948 having a bearing on the tariff, particularly Part-IV of the DVC Act. In this context, it will be necessary to set out Section 14 of the Electricity Act, 2003: 14. Grant of Licence- The Appropriate Commission may, on an application made to it under Section 15, grant any person licence to any person - c. to undertake trading in electricity as an electricity trader, in any area which may be specified in the licence: Provided that any person engaged in the business of transmission or supply of electricity under the provisions of the repealed laws or...
Tag this Judgment!Court : Jharkhand
Reported in : AIR2008Jhar105; [2008(2)JCR566(Jhr)]
ORDERD.G.R. Patnaik, J.1. Challenge in this appeal is against the order of the learned single Judge passed in WP (C) No. 746 of 2008, whereby the writ application was disposed of with certain observations directing the respondents to raise a provisional bill and after considering and deciding upon objection, if any, by the petitioner, to repare and raise the final bill under Section 126 of the Electricity Act and, with a further direction to restore electrical connection to the petitioner's factory premises subject to the petitioner's depositing a sum of Rs. 3.00 crores. The amount so deposited was made subject to final decision that may be taken by the respondents after considering the objections filed by the petitioner against the provisional bill.2. Prayer in the writ application as made by the appellant/petitioner was for directions to the respondents:1. To forthwith restore the power supply of the petitioner, which was disconnected by the respondent No. 5/7 on 1.2.2008.2. To not t...
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT244(HC)
Paritosh Kumar Mukherjee, J.1. This appeal arises out of the judgment and order dated October 11, 1991 delivered by N. K. Mitra, J. of this Court whereby the writ application was finally disposed of by the learned Judge by directing the respondents to allow 91 persons (who affirmed supplementary affidavits and had been able to prove the authenticity of their respective titles) to be absorbed without any delay, by Damodar Valley Corporation (hereinafter referred to as D.V.C.).2. The facts leading to the moving of the writ petition by the Damodar Valley Displaced Employees' Union (hereinafter referred to as the Union), and the others are set out hereinbelow.3. Petitioner No. 1 the Union and petitioner Nos. 2 and 3, who were added as petitioners, moved this joint writ petition, inter alia, praying for writ in the nature of Mandamus upon the respondents concerned, to give appointment to the 'displaced persons' not only from the 'existing approved panel in existing formation' as per office ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4881 OF2010DAMODAR VALLEY CORPORATION ...APPELLANT(S) VERSUS CENTRAL ELECTRICITY REGULATORY COMMISSION & OTHERS ...RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. By this appeal maintained under Section 125 of the Electricity Act 2003 (hereinafter referred to as the Act of 2003), the appellant seeks to challenge the order passed by the Appellate Tribunal dismissing the appeal filed by the appellant against the order of the Central Electricity Regulatory Commission (hereinafter referred to as the Commission). 1 BACKGROUND FACTS2 The appellant is a statutory body constituted under the Damodar Valley Corporation Act, 1948 (hereinafter referred to as the DVC Act). It was entrusted with multifarious functions. One of the functions it was entrusted was that it was duty bound to carry out generation, transmission and distribution of electrical energy both hydro electrical and thermal. It was also called upon to, op...
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal581
ORDERBose, J. 1. This is an application under Article 226 of the Constitution for the issue of a writ of certiorari and a writ of mandamus or any other appropriate writ for quashing of an order of dismissal passed against the petitioner in certain departmental proceedings taken against the petitioner for misconduct in the discharge of his duties as an Engineer employed under the Damodar Valley Corporation and for prohibiting the opposite parties from giving effect to the said order of dismissal. 2. The petitioner who is a Bachelor of Science in Engineering of the University of Glasgow, was appointed as an Assistant Civil Engineer by the respondent Corporation for a term, of three years commencing from 22-8-1950 under an Agreement of Service entered into on 9-12-1950 on terms and conditions contained in the said Agreement. It is a term, of the said Agreement that the service of the petitioner might be terminated by the Corporation without previous notice if the Corporation was satisfied...
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal116,67CWN361,[1962(5)FLR57]
ORDERB.N. Banerjee, J.1. At a time when road transportation was a department of the Government of West Bengal, the petitioner was appointed, in the year 1949, as a temporary store clerk in the Hastings Street Garage. He was thereafter promoted as a temporary store-keeper in the Lake Depot. On and from August 16, 1954, the petitioner became a store-keeper, on a temporary basis, in the central Workshop. At all times material for the purposes of this Rule, the petitioner was receiving a substantive pay of Rs. 172/- per month.2. With effect from June 15, 1960, the Government of West Bengal established a Road Transport Corporation, known as the Calcutta State Transport Corporation, in exercise of its power under Section 3 of the Road Transport Corporation Act 1950. The services of the petitioner stood transferred to the Calcutta State Transport Corporationwhich took over the local transport business of the State Government.3. On August 16, 1960, the petitioner was charged with several heads...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC764; [1962]32CompCas268(SC); (1963)IMLJ23(SC); [1962]Supp(2)SCR149
Wanchoo, J.1. This is an appeal on a certificate granted by the Allahabad High Court. The appellant is the owner of certain lands in village Nauraiya Khera. Out of those lands, 15.5 acres were requisitioned by the Defence Department of the Government of India and are still in their possession and we are not concerned with that. Besides that, the appellant has 9 acres of land which he had purchased many years ago with the idea of erecting a factory thereon. The appellant got information in May 1956 that steps were being taken to acquire his nine acres of land for an industrialist in Kanpur. He therefore wrote to the Collector of Kanpur in that connection. On June 25, 1956, however, a notification was issued under s. 4 of the Land Acquisition Act No. 1 of 1894 (hereinafter called the Act), stating that certain land which was specified as 11.664 acres in village Nauraiya Khera was required for a company for the construction of textile machinery parts factory by Lakshmi Ratan Engineering W...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR793(Jhr)]
P.K. Balasubramanyan, CJ.1. This is an appeal by respondent No. 6 WP (C) No. 1514 of 2002 on the file of this Court. That writ petition was filed by the Damodar Valley Corporation (herein after referred to as DV Corporation) praying for the issue of a writ of mandamus directing the Jharkhand State Electricity Board to stop illegal and wrongful supply of electrical energy to its consumers at 30,000 volts or more, without permission of the DV Corporation and to restrain the illegal supply of electricity in violation of the provisions of the Damodar Valley Corporation Act, 1948, to consumers and especially to a defaulting consumer respondent No. 5 in the writ petition. The writ petition having been allowed by the learned Single Judge, this appeal has been filed by respondent No. 6 challenging that decision. 2. The appellant is a manufacturer of ingots by melting sponge iron and pig iron. In October, 2000, the appellant approached the DV Corporation, which generates and supplies electricit...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR840; [2007(1)JCR598(Jhr)]
M.Y. Eqbal, J.1. In this application under Article 226 of the Constitution of India, the petitioner M/s. Atibir Hi-Tech Pvt. Ltd has prayed for quashing the order dated 3.3.2006 issued by the Deputy Commissioner of Commercial Taxes, Giridih Circle, Giridih, whereby petitioner's application elated 27.1.2006 for cancellation of registration certificate issued under Rule 4 of the Bihar Electricity Duty Rules, 1949 and for refund of the amount realized by way of electricity duty has been rejected and a direction has been issued to the petitioner to make payment of electricity duty together with surcharge.2. The petitioner is an industry having Induction Furnace and Rolling Mill at Mohanpur in Giridih said to have been set up in 1998. The petitioner purchases electricity from Damodar Valley Corporation for the purposes of its industry under the agreement executed between the Damodar Valley Corporation being the licensee and the petitioner company. The petitioner-company started its commerci...
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