NORTHERN COALFIELD LIMITED A GOVERNMENT OF INDIA COMPANY INCORPORATED Vs. CHAIRMAN AND MANAGING DIRECTOR U P POWER CORPORATION LIMITED AND MANAGING

JUDGEMENT

(1.) This appeal revolves around interpretation of that part of Tariff order 2000-01, which relates to category HV-2 (Large and Heavy Power) consumer (the HV-2 consumer), who are getting power supply on independent feeder emanating from 400/220/132 KV Sub-station. Such a consumer is assured 500 hours of electric power supply in a month and in case of failure to fulfil this assurance, the consumer is also entitled to rebate. However for this benefit the consumer is liable to pay 15% surcharge on demand and energy charges. The main question in this appeal is, 'Whether such a consumer is further liable to pay additional surcharge of 15%, if it is getting electric power during restricted hours'. THE FACTS

(2.) M/s Northern Coalfield Ltd (the NCL) has coal fields in district Sonebhadra in UP and district Sidhi in MP. It has taken two power connections from the UP Electricity Board (the Board). The first was for 2850 KVA load and was taken on 12.9.1989 for integrated water supply scheme at Khadia (IWSS Khadia connection). The second one was for 20 MVA load and was taken on 20.11.1999 for coal mining purposes at Bina (NCL Bina connection). These two connections are from 2 x 20 MVA sub-station at Bina (sub-station Bina) and are through different 33 KV Lines.

(3.) The Board was constituted under the Electricity (Supply) Act 1948; it was looking after generation and supply of electricity in this State. The Board has been replaced by the UP Power Corporation Ltd. (the Corporation) constituted under UP Electricity Reforms Act 1999 (the 1999 Act). The two connections taken by the NCL are now being managed by the Corporation.