NATIONAL BOARDS LTD. Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) By this, common judgment we propose to dispose of the above mentioned writ appeals and the Civil Rules. All the Appellants/Petitioners are consumers of electricity except Appellant in Writ Appeal No. 343/97 which happens to be Federation of Industries. N.E. Region (FINER) representing various Associations of Industry. The Assam State Electricity Board hereinafter referred to as the 'Board' issued a notification revising tariff w.e.f. 8.9.94. Thereupon the present Appellants and other consumers approached the High Courtly filing writ petitions, Vide order passed on 3.9.94 in Civil Rule 3428/94 this Court directed that during the pendency of (he writ petition the Board may prepare the hills on the basis of revised tariff but the enhanced amount shall not be realised until further orders, The Board approached the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 15734/94. The Apex Court directed that the revised tariff may be recovered from the consumers to the tune of 50% of the enhancement and stayed the realisation of balance 50%.

(2.) Vide order dated 17.2.95 the: learned Single Judge allowed the writ petition whereupon the Board preferred Writ Appeal No. 51/95. The Division Bench of this Court vide interim order dated 23.2.95 allowed the Board to recovered the revised tariff to the tune of 25% but restrained the Board from adjusting the excess payment made by the consumers, the matter again went to the Supreme Court and the Apex Court directed that the Board is entitled to recover 50% of the revised tariff and for the remaining 50% the Respondent-consumers are to furnish bank guarantee. The bank guarantees were furnished as per the direction of the Court.

(3.) Vide order dated 22.9.95 the Division Bench of this Court allowed the writ appeal filled by the Board and also dismissed the cross appeal filed by the consumers. The consumers thereafter preferred Special Leave Petition (SLP) but the same was rejected. after disposal of the writ appeal the Board issued bill demanding the balance 50%.of the enhanced tariff and surcharge @ 5% p.m. as provided under Clause 18(c) of the Terms and Conditions of Supply, 1988, Thereupon, a number of writ petitions were filed by the consumers challenging the imposition of surcharge mainly on the following grounds: