DAMAN INDUSTRIES ASSOCIATION Vs. ELECTRICITY DEPARTMENT OF DAMAN

JUDGEMENT

(1.) THIS appeal raises the legal issue as to the scope and width of section 62(4) of the Electricity Act 2003, namely, whether power can be given to the any utility that it can impose fuel surcharge according to the formula decided by the State Commission without getting the tariff amended.

(2.) DAMAN Industries Association is the appellant. The appellant represents the interest of the industries in the Union Territories of Daman and Diu. The first and the second respondents are the Electricity Department of Daman & Diu and the Joint Electricity Regulatory Commission ("Joint Commission") respectively.

(3.) THE respondent no.1 is a department of Government of India responsible for transmission, distribution and retail supply of electricity in the Union Territory of Daman and Diu. The appellant has challenged the tariff order dated 03.10.2011 for the FY 2011 -12 passed by the Joint Commission in tariff petition being no.33 of 2011, inter alia, involving the Power Purchase Cost Adjustment.