Court : Orissa
Reported in : AIR1987Ori125; 63(1987)CLT279
..... therein the court observed that the andhra pradesh state electricity board has power under the electricity (supply) act, 1948 to regulate supply and also to fix higher rates for consumption on excess of quota and further that there is no conflict between section 22b of the electricity act 1910 and section 49 of the 1948 act with regard to regulating or restricting higher consumption. ..... the state government and the board have no power to impose restriction in supply of energy under section 22b of the indian electricity act with retrospective effect and the order under section 22b has to be given effect prospectively.accordingly the writ petitions succeed in part ..... 2496 of 1985, the petitioner-company shall enjoy the benefit of clubbing till the state government in exercise of its power under section 22b of the indian electricity act passes appropriate order rejecting its request. ..... is vested with ample powers under section 22b of the indian electricity act to deal with both these aspects ..... 1549 of 1985 has been rendered infructuous.section 22b of the indian electricity act vests power in the state govt. ..... had the power under section 22b of the indian electricity act to pass orders imposing rationing of energy and to provide for levy of additional tariff in case the quota allotted under the order is exceeded and also to deal with the request for clubbing by the petitioner-company ..... further section 22b of the indian electricity act, does not expressly or impliedly vest any power in the state .....
Tag this Judgment!Court : Orissa
..... no newspaper publication or publication in gazette as required under sections 12 to 19 of the electricity act, 1910 and sections 28 and 29 of the electricity (supply) act, 1943, which provisions were attracted by virtue of section 185 (2)(b) of the electricity act, 2003. ..... comprises of various works and includes the present ib thermal power station to meramundali 400 kv d/c transmission line covering a distance of 230 kms.the same was duly published in the extra-ordinary orissa gazette dated 17.02.1996 and in the samaja, a local oriya daily newspaper on 13.01.1996 under section 29 of the electricity (supply) act, 1948. ..... section 164 enables conferring of power -6- of the telegraph authority on any public officer, licencee for supply of electricity subject to appropriate conditions ..... for the purpose of evacuating the power from central sector grids and evacuation of power from ib thermal power station and for inter connection of power houses to meet the growing demand ..... according to the averments in the counter affidavit, such power has been conferred on the optcl and a scheme was duly notified in the gazette for laying of the transmission line to which no objection was filed by ..... of the transmission line was completed on 27.08.2004, but thereafter a portion of the line was stolen away, which is required to be restored on the same route for flow of power from generating station to the grid. ..... government vide notification dated 24.03.2006 conferred powers of telegraph authority on the optcl. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT857; 2009LC(NULL)512
..... in fact nesco had made an application for approval of annual revenue requirement and retail supply tariff for the financial year 2007-08 before the oerc in consonance with the provisions of sections 61 - 64 of the electricity act, 2003 read with determination of tariff regulation, 2004 and conduct of business regulation, 2004. ..... state more or less reiterated the submissions made by oerc and added that the state government had not issued any policy directives as required under section 108 of the electricity act, 2003 and thus, there was no bar for the oerc to pass necessary orders.10. ..... apart from all these facts, as would be evident from section 111 of the electricity act, 2003, the person aggrieved by the tariff order can prefer an appeal ..... by the oerc is in consonance with the prevailing law and policy of the government and the petitioner having not preferred any appeal against the said order under section 111 of the electricity act, 2003, the writ petition is liable to be dismissed in limine.5. ..... an power supply agreement with visa on october 16/17, 2007 agreeing to supply electricity to its ..... air2002sc3588 , the supreme court observed that the state electricity regulatory commission is constituted as high power expert committee with autonomous authority and is expected to ..... the jurisdiction of this court while exercising power under articles 226 and 227 is rather circumscribed inasmuch as it can neither sit in appeal against the order passed by the oerc nor it can decide disputed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori140; 86(1998)CLT792
..... on 12-6-1996, the board still existed and therefore it was incumbent on the part of the state as well as the gridco to comply with the provisions of section 3 of the electricity act and the rules which deal with the powers of the state to grant licence to a licensee after consulting the board and rules 11 to 20 of the electricity rules which make it obligatory on the part of the licensee to apply for licence during the period of consideration of the same by the state and ..... gridco a licence for a period of six months from the date of enactment for a duration not exceeding twelve months.it was further contended that sub-section (4) of section 14 of the electricity act starts with non-obstante 'clause and, therefore, the clause only overrides the requirement of establishment of the commission and other sections dealing with the functions and duties of the commission including sections 13(3), 13(4) and 15 of the reforms act which deal with the power of the commission to grant licence. ..... further section 3 of the electricity act vests plenary power with the state government to grant licence to another person even if there is an existing licensee without any limitation/reservation.therefore, the question of declaring the provisions ultra vires does not arise because, there is no violation of ..... secondly, section 3 of the electricity act also vests power with the state government to issue licence to any one. .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT65; 2003(I)OLR265
..... .had there been no report placed by the special officers to assist the court to render findings about abstraction of energy, we would have directed the parties to refer the matter under section 26(6) of the indian electricity act to the electrical inspector, but since two special officers of the rank of retired chief engineers have submitted their report, we feel, it would not serve any purpose except it will further protract the matter ..... no unbridled power nor unfettered right to make regulation/rules which shall be inconsistent with the provisions of the indian electricity act. ..... 3, the divisional manager, central electricity supply company (in short 'cesco') or orissa, dhenkanal electrical division for showing cause as to why the power supply to the petitioners' company shall not be disconnected and also the penal bill for the period from 18.8.2000 to 31.3.2001 ..... indicated that the consumption of electricity per tonne of ingots as 600 units + 5% but the figure will vary depending on types of scrap used, operation of furnace, quantum of charge fed to furnace interruption of power supply and quantum of wastage. ..... sudden shut-down would result in damage to the machineries and other consequential loss to the tune of few lakhs, they registered strong protest to the shutting down of the electric power supply during the shift. ..... the petitioners' company at gundichapada and wanted to have a shut-down of the power supply so that they can test the metering unit (ct/pt set installed on the pole) .....
Tag this Judgment!Court : Orissa
..... ------------------------------------------------------------------------------------b.k.misra, j both these writ petitions are being disposed of by this common judgment as they relate to disruption of power supply to the petitioner company pursuant to the surprise check made by the opposite party no.1 and his staff on the night of 11.12.2010 when it was detected that the petitioner company was abstracting power illegally and thereafter final order of assessment towards the electricity charges to be paid by the petitioner company was passed on 29.12.2010 under section 126 of the electricity act, 2003.2. ..... while holding that the writ petitions are not maintainable, opportunity is given to the petitioner to file an appeal before the appropriate authority under section 127 of the electricity act, 2003 if so advised, within a period of 30 days from the date of this order and on such event the appellate forum will consider the question of limitation sympathetically having regard to the fact that the petitioner was bonafidely ..... admittedly, the petitioner filed the writ petition no.176 of 2011 against the provisional assessment order dated 21.12.2010 which was issued under sub-section 2 and 3 of section 126 of the electricity act, 2003 and later on w.p(c) no.763 of 2011 filed for quashing of the final assessment order dated 29.12.2010 (annexure-6).15. .....
Tag this Judgment!Court : Orissa
..... ------------------------------------------------------------------------------------b.k.misra, j both these writ petitions are being disposed of by this common judgment as they relate to disruption of power supply to the petitioner company pursuant to the surprise check made by the opposite party no.1 and his staff on the night of 11.12.2010 when it was detected that the petitioner company was abstracting power illegally and thereafter final order of assessment towards the electricity charges to be paid by the petitioner company was passed on 29.12.2010 under section 126 of the electricity act, 2003.2. ..... while holding that the writ petitions are not maintainable, opportunity is given to the petitioner to file an appeal before the appropriate authority under section 127 of the electricity act, 2003 if so advised, within a period of 30 days from the date of this order and on such event the appellate forum will consider the question of limitation sympathetically having regard to the fact that the petitioner was bonafidely ..... admittedly, the petitioner filed the writ petition no.176 of 2011 against the provisional assessment order dated 21.12.2010 which was issued under sub-section 2 and 3 of section 126 of the electricity act, 2003 and later on w.p(c) no.763 of 2011 filed for quashing of the final assessment order dated 29.12.2010 (annexure-6).15. .....
Tag this Judgment!Court : Orissa
..... the appellate authority has exceeded its jurisdiction by passing an ex parte order for reconnection of power supply to the premises of the consumer while exercising power under section 127 of the electricity act, 2003 without appreciating the meaning of section 127(2) of the act, 2003, which provides that 50% deposit out of the finally assessed amount is required for the purpose of maintaining the appeal but it does not confer any right on the consumer to get restoration of power supply. ..... the said hooking wires were seized on the spot after taking photographs and power supply was disconnected as per clauses-34 and 46 of oerc supply code, 2004 read with section 135 of the electricity act, 2003 and subsequently, on 07.02.2012, fir was lodged against the consumer for his availing power supply in such an authorized manner. ..... further prayer is for a clarification that 50% statutory deposit as required under section 127 (2) of the electricity act, 2003 for the purpose of maintaining the appeal neither confers any right on the consumer to demand for restoration of power supply not does it empower the appellate authority to direct the licensee by an interim order for reconnection of power supply to the consumer s premises. ..... only remedy available for restoration of power supply is to deposit the entire assessed amount as required under 3rd proviso to section 135(1a) of the electricity act, 2003. .....
Tag this Judgment!Court : Orissa
..... the appellate authority has exceeded its jurisdiction by passing an ex parte order for reconnection of power supply to the premises of the consumer while exercising power under section 127 of the electricity act, 2003 without appreciating the meaning of section 127(2) of the act, 2003, which provides that 50% deposit out of the finally assessed amount is required for the purpose of maintaining the appeal but it does not confer any right on the consumer to get restoration of power supply. ..... the said hooking wires were seized on the spot after taking photographs and power supply was disconnected as per clauses-34 and 46 of oerc supply code, 2004 read with section 135 of the electricity act, 2003 and subsequently, on 07.02.2012, fir was lodged against the consumer for his availing power supply in such an authorized manner. ..... further prayer is for a clarification that 50% statutory deposit as required under section 127 (2) of the electricity act, 2003 for the purpose of maintaining the appeal neither confers any right on the consumer to demand for restoration of power supply not does it empower the appellate authority to direct the licensee by an interim order for reconnection of power supply to the consumer s premises. ..... only remedy available for restoration of power supply is to deposit the entire assessed amount as required under 3rd proviso to section 135(1a) of the electricity act, 2003. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori125
..... we may mention here that the electricity act, 2003 has come into force during the pendency of the writ petition and section 185(3) thereof provides that the provisions of the enactments specified in the schedule thereto, not inconsistent with the provisions of the electricity act, 2003 shall apply to the states in which such enactments are applicable. ..... arrangement or agreement for purchasing power from any person or generating company.32. ..... of the arrangement or agreement for purchase of electricity by the holder of a supply or transmission licence is such as will affect the efficient, economic or equitable working of the holder of supply or transmission licence and in turn will affect the quality and continuity of service to the consumers of electricity, the commission will be within its powers to withhold its consent to such terms and conditions and may ask the holder of supply or transmission licence to remove such terms and conditions from its .....
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