LALIT GULATI Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The challenge in both these writ petitions is to a Notification dated 16th/19th May 2008 issued by the Department of Power, Government of National Capital Territory of Delhi ("GNCTD?) in exercise of powers conferred under Section 108 of the Electricity Act, 2003 read with Notification dated 20th February, 2004 issued by the Ministry of Home Affairs, Government of India.

(2.) By the said impugned Notification, the Lieutenant Governor ("LG?) of the NCT of Delhi issued directions, in public interest, to the Delhi Electricity Regulatory Commissioner, as under:

(3.) The facts in Writ Petition (Civil) No. 8568 of 2009 are that the Petitioner is the proprietor of M/s Modelama Exports, New Delhi. He was allotted a power connection by the erstwhile Delhi Vidyut Board ("DVB?). It is stated that till July 1995, DVB was raising bills on the basis of the consumption of electricity as recorded in the meter installed in the Petitioner's premises. After July 1995, the DVB raised bills including certain amounts under the heading "Misuse/excess charges." Aggrieved by the said bills, the Petitioner filed Writ Petition (Civil) No. 1104 of 1998 in this Court. During the pendency of the writ petition, DVB withdrew the LIP tariff and LPF surcharge on 30th June 1999. Consequently, the Petitioner's bills were revised and the writ petition came to be disposed of by an order dated 9th August 2000. The Petitioner states that he was surprised to receive another bill dated 25th February 2002 for a sum of Rs. 32,45,127.55 as current demand against the actual consumption of 20430 units for the period from 8th August 1989 to 28th July 1994. The Petitioner states that this demand was not raised earlier and not mentioned by the DVB during the pendency of the Writ Petition (Civil) No. 1104 of 1998.