NHPC LTD. Vs. STATE OF H. P.

JUDGEMENT

(1.) Through Annexure P-37,the respondent concerned, made a communication to the Land Acquisition Collector, Chamba, District Chamba, H.P., to ensure the recovery of a sum of Rs. 64,11, 402/- from the writ petitioner, given theirs' comprising levies, towards electricity consumed by the writ petitioner, during the phase of its setting up a Hydro project, within District Chamba. Consequently, through the instant petition, the writ petitioner seeks the quashing of Annexure P-37. Moreover, the writ petitioner also seeks the quashing of Annexures P-15, P-16, P-18,P-20,P-22, P-26, P-28, P-30 and P-32, wherein demands are raised by the respondent concerned, upon, the writ petitioner, for liquidating on the afore score, the afore sum(s), to the Himachal Pradesh State Electricity Board.

(2.) The learned counsel appearing for the writ petitioner, has contended with much vigor, before this Court, that Annexures (supra) are legally flawed, as, they breach the mandate, made by this Court, on 5.10.1995, upon CWP No. 562 of 1989. He further submits that since the afore made verdict acquires conclusive and binding effect. Therefore, the respondent concerned was bound to revere it, rather than making demands, upon the writ petitioner, for liquidation of electricity tariff, demands whereof appertain to the phase of its undertaking the construction of a Hydro project, in district Chamba. However, his afore made submission would carry weight, only upon the afore order, being completely in tandem with the statutory provisions, as become carried in the Himachal Pradesh Electricity (Duty) Act, 1975, (hereinafter referred to as, "the Act"), statutory provisions whereof are alluded in the order (supra), made by this Court, on 5.10.1994. The order, of, 5.10.1994, made upon CWP No. 562 of 1989, is extracted hereinafter:

(3.) The reasons for making the above conclusion, becomes derived from the definition of Consumer, as becomes encapsulated in sub- Section-2 of Section 3 of the Act, provisions whereof stand extracted hereinafter: