JAGDAMBA PAPER INDUSTRIES PRIVATE LIMITED RAJ KUMAR DALL MILLS BHAKRA COTTON AND GENERAL MILLS Vs. HARYANA STATE ELECTRICITY BOARD:HARYANA STATE ELECTRICITY BOARD:HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Each of these writ petitions is by a consumer of electric energy which has entered into a contract with the Haryana State Electricity Board ('Board' for short), and challenge in these petitions under Article 32 of the Constitution is to the enhancement of security unilaterally made by the Board bath in respect of meter as also for the payment of the energy dues. Clause 22 of the standard contract stipulates:

(2.) Each of the contracts contains detailed provision for security deposit as provided under Clause 22. The Board enhanced the tariff by almost four times but the enhancement of tariff has not been challenged by the consumers, who have filed these writ petitions. Thereafter the Board decided in October 1980 that with effect from April 1, 1981, the security contemplated under Clause 22 both in regard to the meter as also for due payment of the energy bills should be enhanced and fixed a new schedule. Challenge in these petitions is to the enhancement in regard to both the meter as also security for due payment of energy bills made unilaterally by the Board. As this is the common question arising in all these writ petitions, they are being disposed of by a common judgment.

(3.) The petitioning consumers have contended that the enhancement made in the security amount towards the meter is without any justification. It is all the more so where meters have been installed several years before and there is no change in the circumstances justifying an enhancement in the security deposit for it. Challenge is also advanced against the enhancement of the security deposit in the matter of payment of energy bills. From 1968 the Board had. introduced the condition of taking a security from every consumer to ensure timely clearance of energy bills and in the case of industrial consumers the security was worked out at Rs. 30 per KW. With effect from April 1, 1981, in place of Rs. 30 per KW Rs.- 100/- per KW has been substituted. It is contended that on account of this enhancement most of the petitioning consumers have been called upon to furnish additional security to the tune of several lakhs of rupees. Similarly, in regard to the meter a different basis has been adopted and from April 1, 1981, the security deposit now varies between Rs. 5000/- and Rs. 10 000/- in regard to industrial consumers. After the enhancement came into force the Board through its prescribed officers called upon the petitioning consumers to make additional security deposits on both counts, within a time indicated.