Court : Rajasthan Jodhpur
..... electricity authority, in exercise of its powers under section 55(1) and section 73(e) read with section 177(2) of the act, has framed the central electricity authority (installation and operation of meters) regulations ..... , for grant of incentive, without installation of the meters of the required specifications, which could have accurately measured the 3rd digit power factor, nor the provisions of the electricity act, 2003 provide, or the tariff assured 3rd digit power factor incentive to the industrial consumers, without installation of .2s meters. ..... the facts giving rise to the writ petitions were that the discoms, as licensees under sections 14 and 15 of the electricity act, 2003 (for short, 'the act') to transmit, distribute and trading in electricity, are required to install a correct meter, in accordance with the regulations, provided the licensee may require the consumers to give security for the price of a matter, and enter into an agreement for hire thereof, ..... power factor, the regulatory commission had passed the order dated 31.8.2007 making the installation of .2s class meters mandatory for grant of 3rd digit power ..... restraining the discoms from making any recovery from the petitioners, of the differential amount between the 2nd digit power factor incentive and the 3rd digit power factor incentive, in the bills issued to them, with detailed calculation of excess power factor incentive allowed ..... active and reactive energy together make resultant energy, which flows through .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... sanction on the availability and consideration of fresh, relevant and convincing materials, has insistently argued that in the facts and circumstances of the case, a perusal of the orders passed by the authorities concerned on this issue successively would demonstrate unmistakably that the impugned decision is based on the same materials on which earlier the sanction was repeatedly declined. ..... 23.2.2010 and 26.7.2011 would reveal in particular that the transcript of the taped conversation between the complainant and the appellant had been laid before the concerned authority on 28.4.2011 and thus, the impugned decision is patently based on fresh relevant materials for which the grant of sanction is wholly legal and valid. ..... there is no wrangle at the bar that in law, the decision of the competent authority refusing to grant sanction for prosecution can permissibly be reviewed at a subsequent point of time acting on fresh, relevant and persuasive materials in 6 support of the accusation being enquired or ..... (6) the application filed by the complainant seeking electric connection contained interpolated dates and that an amount of rs.35,100/- on ..... was registered against them under sections 7, 13(1)(d) and 13(2) of the act and section 120b ipc by the addl ..... on application of mind and that there was nothing on record to indicate that the concerned authority had abdicated its powers vis-a-vis the issue or had taken a decision on the direction of any other authority on impertinent factors. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... also made to [7].section 164 of the electricity act 2003, which according to respondents empower them to put electricity line or electrical plant for transmission of electricity for proper coordination of the work and for that purpose powers conferred under the act of 1885 to the telegraph authority can be applied. ..... of obtaining any consent of owner before laying a transmission line by an authority exercising power under section 164 of the electricity act, 2003. 2. ..... notifications dated 5th of march 2014, ex.r/1 and r/2, learned counsel for the respondents has submitted that the energy department, government of rajasthan, jaipur by issuing notification dated 28th march 2004 under section 164 of the act of 2003 as well as powers of telegraph authority under the act of 1885 has authorized the chief engineer, rrvpnl to erect electric lines/electric plants for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for proper coordination of the work. ..... whose line the electric line is drawn, is entitled for compensation from the authority and in the event he is dissatisfied with the amount of compensation, his remedy is to make an application before the district judge under section 16sub-section (3). . 5. ..... learned counsel for the petitioners.has argued that the respondents cannot be permitted to enter the land of the petitioners and make use of the land for installation of towers without initiating appropriate acquisition proceedings. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... shri m.c.bhoot submits that the procedure prescribed for allotment was given a go-bye and that the requisite permission was also not taken from the competent authority under the rajasthan tourism trade (facilitation and regulation) act 2010, which came into effect on 24.2.2011 for setting up the wind mill farms as an industry 5 in the area visited by the tourists.6 ..... to the court that the allotment of land was earlier challenged by libra india through its managing trustee sanjeet purohit in d.b.civil writ petition (pil) no.12850/2011 on the ground that the action of the respondent-authorities in making frequent discrimination and blind allotment of the common land/charagah land/charai land for the purpose of setting up of wind farms was illegal, more particularly, in view of the supreme court judgment in jagpal singh & ..... is submitted that the land was allotted prior to enforcement of the rajasthan tourism trade (facilitation and regulation) act 2010, which came into effect on 24.2.2011, whereas the allotment was made on 7.1.2011. ..... , the abovementioned generation will also prevent around 8,22,157 tones of carbon di oxide emission (to produce 1 mwhr of electricity, 0.94912 tonnes of co2 emissions will take place) which otherwise would be inevitable. . 10. ..... for establishment of wind power project for generating 159.2 megawatt of electricity.5. ..... section 16 of the rajasthan tenancy act and section 90b of the rajasthan land revenue act prohibit the allotment of land in the catchment area .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to the communication dated 1.7.2014, the state government authorized the district magistrate, jaisalmer to exercise powers under sub-section (1) of section 3 of the act of 2006. ..... the petitioner has as many as 21 cases filed under section 136 of the electricity act as well as other cases filed under the indian penal code and as such is a person who indulges in anti-social activities and disrupts ..... government may, if satisfied with respect to any person that with a view to preventing him from acting in any matter prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. ..... (3) ,when any order is made under this section by an authorized officer he shall forthwith report the fact to the state government together with the grounds on which the order has been made and such other particulars as; in his opinion, have a bearing on the matter, and no such order shall 5 remain in force for more than twelve ; days after the making thereof, unless, in the meantime, it has been approved by ..... power to make orders ..... the district magistrate, while making request to the state government, stated that the activities of the petitioner are prejudicial to ..... when such person is engaged in or is making preparation for engaging in any activities whether as a boot-legger or dangerous person or drug offender or immoral traffic offender or property grabber, which affect adversely or are likely to affect adversely the maintenance of public order .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of the electricity on the ground of promissory estopple that the commission could not go back on its promise and reduce the tariff instead of increasing the same but the hon'ble supreme court negatived such challenge by holding as under: - the commission discharging its statutory functions within the ambit of sections 11, 12 and 26 of the andhra pradesh electricity reform act, 1998 as well as sections 61, 62 and 86 (1) (b) of the electricity act, 2003 renders advisory functions ..... in the case indian aluminum company (supra), where the petitioner-company challenged the issuance of the notification by the kerala state electricity board enhancing the tariff rate for high tension power supply by which under the notification dated 28.11.1969 on the ground that there was pre-existing agreement between the petitioner and the state, which agreement was agreed to ..... we accordingly issue a writ quashing and setting aside the notification dated 28th november 1969 in so far as it seeks to make the tariffs specified in it applicable to the appellant and declare that the board is not entitled to claim from the appellant ..... (ii) on the other hand, if the violation of the regulations leaves or likely to leave an everlasting adverse effect or impact on public interest (as for example when it results in environmental degradation or results in a loss which is not reimbursable), public interest ..... arbitrariness and mala fides on the part of the authority (transferor) will furnish grounds to cancel or annul .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... as per clause 52 of 'terms and conditions for supply of electricity- 2004' laid down by the rajasthan electricity regulatory commission in pursuance of rajasthan electricity regulatory commission (electricity supply code and connected matters) regulations-2004 issued in exercise of power conferred under sections 43 to 48, 50, 55 and 56 of electricity act, 2003, any dispute relating to charges payable by a consumer except assessment ..... the petitioners submitted that the petitioners may be relegated to the remedy of raising the dispute before the settlement committee in terms of clause 52 of terms and conditions for supply of electricity-2004, but then, till the dispute is adjudicated upon by the settlement committee, the interim order passed by this court restraining the respondents from taking coercive action against the petitioners for ..... 8 the demand has been raised against the petitioners by the respondent-jvvnl after lapse of so many years since release of electricity connection, this court is of the opinion that the limited prayer made on behalf of the petitioners as aforesaid, deserves acceptance.11 ..... ) 3 (distribution), jodhpur discom, rawatsar, whereby the petitioners have been directed to remain present before the said authority on the date specified to raise the objections, if any, in respect of the recovery of the demand quantified ..... had any grievance against the demand raised, it was always open for them to make submissions in this regard before the authority concerned. m/s. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... as per clause 52 of 'terms and conditions for supply of electricity- 2004' laid down by the rajasthan electricity regulatory commission in pursuance of rajasthan electricity regulatory commission (electricity supply code and connected matters) regulations-2004 issued in exercise of power conferred under sections 43 to 48, 50, 55 and 56 of electricity act, 2003, any dispute relating to charges payable by a consumer except assessment ..... the petitioners submitted that the petitioners may be relegated to the remedy of raising the dispute before the settlement committee in terms of clause 52 of terms and conditions for supply of electricity-2004, but then, till the dispute is adjudicated upon by the settlement committee, the interim order passed by this court restraining the respondents from taking coercive action against the petitioners for ..... 8 the demand has been raised against the petitioners by the respondent-jvvnl after lapse of so many years since release of electricity connection, this court is of the opinion that the limited prayer made on behalf of the petitioners as aforesaid, deserves acceptance.11 ..... ) 3 (distribution), jodhpur discom, rawatsar, whereby the petitioners have been directed to remain present before the said authority on the date specified to raise the objections, if any, in respect of the recovery of the demand quantified ..... had any grievance against the demand raised, it was always open for them to make submissions in this regard before the authority concerned. m/s. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... as per clause 52 of 'terms and conditions for supply of electricity- 2004' laid down by the rajasthan electricity regulatory commission in pursuance of rajasthan electricity regulatory commission (electricity supply code and connected matters) regulations-2004 issued in exercise of power conferred under sections 43 to 48, 50, 55 and 56 of electricity act, 2003, any dispute relating to charges payable by a consumer except assessment ..... the petitioners submitted that the petitioners may be relegated to the remedy of raising the dispute before the settlement committee in terms of clause 52 of terms and conditions for supply of electricity-2004, but then, till the dispute is adjudicated upon by the settlement committee, the interim order passed by this court restraining the respondents from taking coercive action against the petitioners for ..... 8 the demand has been raised against the petitioners by the respondent-jvvnl after lapse of so many years since release of electricity connection, this court is of the opinion that the limited prayer made on behalf of the petitioners as aforesaid, deserves acceptance.11 ..... ) 3 (distribution), jodhpur discom, rawatsar, whereby the petitioners have been directed to remain present before the said authority on the date specified to raise the objections, if any, in respect of the recovery of the demand quantified ..... had any grievance against the demand raised, it was always open for them to make submissions in this regard before the authority concerned. m/s. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... as per clause 52 of 'terms and conditions for supply of electricity- 2004' laid down by the rajasthan electricity regulatory commission in pursuance of rajasthan electricity regulatory commission (electricity supply code and connected matters) regulations-2004 issued in exercise of power conferred under sections 43 to 48, 50, 55 and 56 of electricity act, 2003, any dispute relating to charges payable by a consumer except assessment ..... the petitioners submitted that the petitioners may be relegated to the remedy of raising the dispute before the settlement committee in terms of clause 52 of terms and conditions for supply of electricity-2004, but then, till the dispute is adjudicated upon by the settlement committee, the interim order passed by this court restraining the respondents from taking coercive action against the petitioners for ..... 8 the demand has been raised against the petitioners by the respondent-jvvnl after lapse of so many years since release of electricity connection, this court is of the opinion that the limited prayer made on behalf of the petitioners as aforesaid, deserves acceptance.11 ..... ) 3 (distribution), jodhpur discom, rawatsar, whereby the petitioners have been directed to remain present before the said authority on the date specified to raise the objections, if any, in respect of the recovery of the demand quantified ..... had any grievance against the demand raised, it was always open for them to make submissions in this regard before the authority concerned. m/s. .....
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