DURGAPUR PROJECTS LIMITED Vs. GRAPHITE INDIA LIMITED

JUDGEMENT

(1.) By the judgment and order under appeal a learned single Judge of this Court allowed three writ petitions and thereby set aside the revision of tariff made by the appellant No. 1, Durgapur Projects Ltd., with effect from 8th April, 1991, 1st November, 1993 and 10th February, 1994.

(2.) The appellant No. 1 is a Government Company within the meaning of Companies Act, 1956 and its entire shareholding is held by the Government of West Bengal. It has six Thermal Power Units for generation of electricity, all of them are situate in Durgapur. It is a generating company within the meaning of the Electricity (Supply) Act, 1948. It supplies electricity to consumers in the rural and industrial areas in and around Durgapur. The excess power generated by it, is sold to the West Bengal State Electricity Board.

(3.) It being a generating company and not a lisensee, the appellant No. 1 required sanction of the Government of West Bengal to enable it to supply electricity to the public in terms of S. 28(1) of the Indian Electricity Act, 1910, which sanction was accorded on 28th August, 1964.