SOHAN LAL Vs. NORTH INDIA POWER LTD

JUDGEMENT

(1.) THE PETITIONER ARE ALL PERSONS WHO HAVE BEEN CHARGED WITH THEFT OF ELECTRICITY AND THE COMMON QUESTION WHICH ARISES FOR CONSIDERATION IS THE TARIFF WHICH WILL BE APPLICABLE TO SUCH CASES OF THEFT.

(2.) IN ORDER TO APPRECIATE THE CONTROVERSY, IT IS NECESSARY TO CONSIDER THE HISTORY OF CERTAIN LEGISLATIONS AND ENACTMENTS RELATING TO THE SUPPLY AND DISTRIBUTION OF ELECTRICITY. THE FIRST ENACTMENTS IS THE INDIAN ELECTRICITY ACT, 1910 (HEREINAFTER TO BE REFERRED TO AS, 'THE ACT OF 1910') WHICH CREATED THE BASIC FRAMEWORK FOR ELECTRIC SUPPLY IN INDIA. SUBSEQUENTLY, THE ELECTRICITY (SUPPLY) ACT, 1948 (HEREINAFTER TO BE REFERRED TO AS, 'THE SUPPLY ACT OF 19480 WAS ENACTED TO CREATE THE STATE ELECTRICITY BOARDS, WHICH WERE RESPONSIBLE FOR ARRANGING THE SUPPLY OF ELECTRICITY IN THE STATES. THE TARIFFS USED TO BE FIXED BY THESE STATE ELECTRICITY BOARDS, BUT IT WAS FOUND THAT THERE WAS DIFFICULTY IN A PROFESSIONAL AND INDEPENDENT MANNER OF ADMINISTRATION AND FIXATION OF THE TARIFF SPECIALLY OH ACCOUNT OF THE CROSS- SUBSIDIES. IN ORDER TO PROVIDE AN INDEPENDENT MECHANISM, THE ELECTRICITY REGULATORY COMMISSIONS ACT, 1998 (HEREINAFTER TO BE REFERRED TO AS, 'THE ACT OF 19980 WAS ENACTED AND IN FURTHERANCE OF THIS PROCESS OF REFORMS, IN VARIOUS STATES, ELECTRICITY REFORMS ACT, 2000 (HEREINAFTER TOT BE REFERRED TO AS, 'THE REFORMS ACT').

(3.) IN VIEW OF THE AFORESAID BACKGROUND AS ALSO WITH THE OBJECT OF ENCOURAGING PARTICIPATION OF THE PRIVATE SECTOR IN THE PROCESS OF SUCH DISTRIBUTION OF ELECTRICITY, IT WAS CONSIDERED NECESSARY TO ENACT A COMPREHENSIVE ACT FOR REGULATING THE ELECTRICITY SUPPLY INDUSTRY. THUS, CAME INTO BEING THE ELECTRICITY ACT, 2003 (HEREINAFTER TO BE REFERRED TO AS, 'THE SAID ACT').