KEDARNATH SILK MILLS Vs. A P TRANSCO

JUDGEMENT

(1.) HEARD both the counsel.

(2.) PETITIONER - Sri Kedarnath Silk Mills, is a small-scale industry situated at Plot Nos. 59 and 110, Katedan IDA, Hyderabad and it had taken H. T power connection with Service Connection No. RRD-807. While so, the Andhra Pradesh pollution Control Board (PCB) by its order dated 14. 03. 2001 in exercise of powers vested in it under Section 33 (A) of the Water (Prevention and Control of pollution) Amendment Act, 1988 read with Section 32 (1) (C) and under Section 31 (A) of the Air (Prevention and Control of Pollution) Amendment Act, 1987 ordered the petitioner-industry to stop all industrial activities with effect from the date of the said order as an emergency measure to stop the deterioration of the ground water, surface water and damage to the environment in the interest of public health and environment and also directed to take note that the A. P. Transco has been ordered to disconnect power supply to petitioner-industry with immediate effect. Pursuant to the said order of the PCB dated 14. 03. 2001 the power supply to the petitioner - industry was disconnected on 21. 03. 2001 and the same was effected under condition 42. 2 of Terms and conditions of Supply.

(3.) LEARNED counsel for the petitioner submits that there were no dues/arrears till the date of disconnection i. e. 21. 03. 2001 and that the PCB ordered restoration of supply of power by its order dated 05. 03. 2002. He further submits that pursuant to the order of the PCB for restoration of power supply the petitioner approached the second respondent for restoration of power supply but the second respondent made a demand vide impugned letter dated 22. 03. 2002 in letter No. SE/op/rrd/sao/iit/d. No. 1400 demanding to pay the dues of minimum charges for the disconnected period from 21. 03. 2001 to March 2002 as the petitioner paid the amount payable for the month of April 2001 even after the disconnection. As against the said demand of Rs. 6,05,663/- including the reconnection charges of Rs. 300/- for restoration of power supply, petitioner filed this writ petition and obtained interim order dated 27. 03. 2002 for restoration of power supply subject to the condition of the petitioner paying a sum of Rs. 1,00,000/- and the learned counsel submits that the said amount has been paid and the power supply was restored on 28. 03. 2002.