U P STATE ELECTRICITY BOARD LUCKNOW CITY BOARD MUSSOORIE Vs. CITY BOARD MUSSOORIE:U P STATE ELECTRICITY BOARD LUCKNOW

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THESE two appeals by special leave are filed against the judgment dated 13/08/1970 of the High court of Allahabad in Special Appeal No. 34 of 1969 (City Board, Mussoorie v. State Electricity Board by the Uttar Pradesh Electricity Board (hereinafter referred to/as 'the Electricity Board') constituted under the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act') and the City Board, Mussoorie, a local authority (hereinafter referred to as 'the City Board') respectively.

(3.) THE City Board challenged the notification issued on 24/04/1962 on the ground that it was not in conformity with Section 46 of the Act. It questioned the enhancement made on 30/09/1967 on the ground that it had not been permitted to enhance correspondingly the rates chargeable by it to the consumers <PG>20</PG> even though in its vicinity the Electricity Board itself was supplying electric energy to consumers at a much higher rate. THE petition was contested by the Electricity Board.