HRJ STEELS PVT. LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN all the writ petitions identical questions of fact and law are involved, therefore, with the consent of learned counsel for the parties, all the writ petitions were heard together and are being disposed of by this common judgment at the admission stage.

(2.) UNDISPUTEDLY , before creation of State of Uttarakhand and before enactment/ enforcement of the Electricity Reforms Act, 1999, U.P. Electricity Board vide Notifications dated 18.01.1992 and 15.07.1994 granted 33.33% hill development rebate to new industrial units for a period of 5 years from the date of commencement of supply of electricity as per the Industrial Policy of the State of U.P.. The above concession was initially valid till 31.03.1995, however, same was extended thereafter upto 31.03.1997. Thereafter, Electricity Board decided to reduce the hill development rebate from 33.33% to 17% vide order /notification dated 18.06.1998 and 25.01.1999. Feeling aggrieved, writ petition being Civil Misc. Writ Petition No. 15293 of 1999 was preferred before Allahabad High Court.

(3.) FEELING aggrieved, SLP Nos. 10685 ­ 10686/2000 were preferred by the Electricity Company before Hon'ble Apex Court. Hon'ble Apex Court vide order dated 28.07.2000 was pleased to stay the effect and operation of judgment passed by Allahabad High Court, with further stipulation that industrial units shall continue to deposit the difference between old and new tariff; in case, industrial units succeed, Electricity Company shall be required to refund the said amount within one month of the order. Any deposit / security furnished by the industrial units with the Registrar of the High Court shall continue to be in the custody of the Registrar of the High Court till further orders.