HALDIRAM FOODS INTERNATIONAL PRIVATE LTD. Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED

JUDGEMENT

(1.) By this Petition, the Petitioner is seeking quashing and setting aside the impugned communication dtd. 25/4/2014 issued by the Respondent, whereby the Petitioner is denied his right of getting Night Rebate as per the tariff order and also to declare the impugned communication dtd. 25/4/2014 issued by the Respondent is violative of Article 14 of the Constitution of India. It is further prayed that, the Petitioner be refunded the excess amount which is charged after denying the night rebate with effect from April 2014.

(2.) That, the Petitioner M/s Haldiram Foods International Private Ltd., Nagpur is a private limited Company registered under the Companies Act, 1956 on 4/9/1995. It is the contention of the learned Counsel for the Petitioner that, the Petitioner/Company is involved in large scale manufacturing of the food products and hence it is consuming huge Electricity for the purpose of its manufacturing unit and hence decided to have its own Solar Power Project in order to become self reliant for consumption of Electricity. Accordingly, the Petitioner/Company has invested Rs.15.00 Crores for installation of 1.5 MW Solar Power Project for itself use. It is further contended that, the Government of India has prepared National Electricity Policy in compliance of Sec. 3 of the Electricity Act, 2003 (for short "Act of 2003") which came into force from 12/2/2005 in which the promotion of Non-Conventional Energy is discussed and framed. It is also informed that, as per the Clause 5/2/24 of the National Electricity Policy, Captive Generation is required to be promoted for securing cost effective power to the industries, which will also facilitate creation of employment opportunities through speedy and efficient growth of the industries.

(3.) The Respondent has not considered the recorded units by the meter during A-Zone i.e. night hours from 10.00 p.m. to 6.00 a.m. for billing purpose and also claimed the night rebate which is required to be given as per the tariff order issued by Maharashtra Electricity Regulatory Commission, Mumbai. It is further contended that, MERC has decided the tariff of selling Solar Energy @ Rs.7.95 per unit. Accordingly, if the Petitioner sells his "Solar Energy" generated through his "Solar Power Plant" then he would receive an amount of Rs.7.95 per unit. If the Petitioner buys the thermal power generated by the Respondent then he has to buy it @ Rs.7.01 per unit. If the Night Rebate is granted to the Petitioner as per the MERC Tariff Order passed under Ss. 61, 62, 66, 86, 181 of the Act of 2003 then the Petitioner is entitled to get the electricity @ Rs.4.51 per unit but the Respondent has deliberately denying this Night Rebate to the Petitioner for obvious reasons. It is submitted that, even otherwise the Petitioner is putting himself to loss by consuming the solar power for its own use when he could not sell it to other consumers, and therefore, the Petitioner is constrained to approach this Court by filing this Petition as the night rebate is recovered for the period April 2014 to December 2014.