ORISSA STATE ELECTRICITY BOARD Vs. IPI STEEL LIMITED

JUDGEMENT

(1.) LEAVE granted. Heard cOUNSEL for the parties.

(2.) THE orissa State Electricity Board is questioning in this appeal the correctness of the judgment of the orissa High court declaring the proviso to Regulation 46 of the orissa State Electricity Board (General Conditions of Supply) Regulations, 1981, (hereinafter referred to as 'Regulations') as unreasonable, arbitrary and illegal. Having struck down the proviso i.e. the proviso as substituted by notification dated 25/6/1987 the High court has directed the Board to revise the bills issued to the respondent-writ petitioner "on the basis of proportionate reduction taking into account the actual consumption of energy".

(3.) IT is agreed by the parties that the effect of the above order is to reduce the supply by fifty per cent. The Electricity Board has explained how the said fifty per cent reduction is being implemented and operated, by producing before us a statement relating to the water year 1988-89. IT would be appropriate to extract the said statement: