SUPERPACK Vs. M P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER in this writ petition is seeking quashment of the order (P-12) dated 4-4-2001 issued by the Superintendent Engineer, Madhya Pradesh State Electricity Board, Chhindwara, and the bills (P-10 and P-11) dated 16-8-2001. This challenge is based on the ground that Captive Power Policy, 2001 issued on 20th February, 2001, by the State Government is not applicable with respect to the petitioner Unit.

(2.) AS per Captive Power Policy, 2001, captive power plant shall have to be used by the consumer to whom permission is granted. After issue of this notification, he shall be bound to draw atleast 50% of electricity from Madhya Pradesh Electricity Board out of its total monthly requirement. The bills have been raised by the M. P: Electricity Board applying new policy in case of petitioner.

(3.) THE petitioner is a company having its factory at Village Sausar, District Chhindwara, manufacture HDPE/pp Woven Fabrics, Bags and Master Batches, For running of the factory, the petitioner entered into power supply agreements with the respondent Madhya Pradesh State Electricity Board. Petitioner has installed Captive Power Generating Sets (DG sets) for meeting its power requirement before coming into force of new Captive Power Policy on 21-2-2001, As per new Policy, petitioner is being asked to draw atleast 50% of the electricity from Madhya Pradesh Stale Electricity Board, successor of Madhya Pradesh Electricity Board. Madhya Pradesh Electricity Board, now succeeded by Madhya Pradesh State Electricity Board (hereinafter referred to as "board"), is established under Section 5 of Indian Electricity (Supply) Act, 1948. In the year 1992-93, petitioner was fulfilling the requirement of 2900 KVA by purchasing electricity from erstwhile Madhya Pradesh Electricity Board, The demand of the petitioner Company thereafter reduced to 1000 KVA, The agreement (P-1) for 1000 KVA was entered into on 16th September, 1998. Supplementary agreement (P-2) for 600 KVA was entered into on 16-3-2001. Petitioner is drawing 1600 KVA from the M. P. State Electricity Board to meet its demand.