MYSORE KIRLOSKAR LTD Vs. KARNATAKA ELECTRICITY BOARD BANGALORE

JUDGEMENT

(1.) in these petitions under Article 226 of the constitution the petitioners have sought for a declaration that clause (8) of the electric power tariffs, 1985 and also clause (8) of the electric power tariffs, 1987, (both the clauses relate to h.t. consumers) are illegal and are beyond the power of the Karnataka electricity board (hereinafter referred to as the 'keb') conferred under Section 49 of the Electricity (Supply) Act, 1948 (hereinafter referred to as the 'supply act'). They have also sought for a further declaration that the keb has no authority to charge and recover fuel adjustment charges from the industrial installations. In addition to this, in each one of the petitions, the petitioners have sought for quashing the demands made. It is not necessary to refer to the demands made by the keb from each of the petitioners because the validity of these demands ultimately depends upon granting or refusing to grant the aforesaid main prayers made in each one of these petitions. Therefore, in this Order, the particulars of the demands made by the keb from each one of the petitioners are not referred to.

(2.) in these petitions, the keb has filed statement of objections on 24-2-1989. Anadditional statement of objections dated 4-9-1990 is also filed by the keb. After the petitions were heard and before the judgment was delivered some more petitions came to be filed. Therefore, those petitions were ordered to be posted along with these petitions. Hence the keb has filed a separate statement of objections on 16-8-1990 to the petitions filed subsequent to 24-2-1989. In fact to the statement of objections dated 16-8-1990 a copy of the statement of objections filed on 24-2-1990 is annexed and it is stated that it may be treated as part of the statement of objections filed on 16-8-1990. Along with the statement of objections dated 16-8-1990 the keb has also produced the statement showing fuel adjustment charges recovered from h.t. consumers from October 1989 to March 1990 as Annexure i. In addition to filing the statement of objections there are two memos filed on 12-12-1989 and 18-12-1989. On the previous date of hearing, a work-sheet was also produced to show that even after collecting the fuel adjustment charges from h.t. consumers the price of the energy does not exceed from what the keb is collecting from other consumers i.e., l.t. consumers. Along with two memos dated 12-12-1989 and 18-12-1989 the average realisation from the sale of power for the years 1985-86, 1986-87,1987-88,19s8-89 and also the statement showing fuel adjustment charges recovered from h.t. consumers from october, 1985 to June 1989 and also the statement showing the amount of fuel adjustment charges claimed from rajashree cements, malkhed, vasavadatta cements, sedam, belgundi cements, belgaum, Mysore kirloskar, hubli and lamina industries, karkala and the notification dated 23-6-1987 bearing No. Keb/b10/2083/1986-87 were also produced. The memo dated 18-12-1989 only contains the statement relating to the fuel adjustment charges recovered from h.t. consumers during the period from October 1985 to March 1987 and from April 1987 to June 1989.

(3.) before the points for determination are framed, it is necessary to mention one more fact in these petitions we are concerned with the tariffs for the years 1985 and 1987. According to general condition No. 5 of the electric power tariff for the year 1985, the tariffs are subject to revision or levy of surcharges, fuel adjustment charges, as may be decided from time to time. Similar is the general condition No. 5 in the electric power tariff, 1987, in addition to the general conditions which are common to all the consumers irrespective of whether they are h.t. and l.t. consumers, there are special conditions which relate to h.t. consumers only. In the electric power tariff, 1985, general condition No. 8 pertaining to h.t. consumers regarding "fuel adjustment charges" was as follows: