BARI BRAHMANA INDUSTRIES ASSO Vs. POWER DEVELOPMENT DEPTT

JUDGEMENT

(1.) IN the instant appeals, the appellants are calling in question the validity of the order dated 28/3/2007 on common questions of law and facts, therefore, are being taken together for disposal.

(2.) DISTRIBUTION and fixing of electricity tariff applicable to various categories of consumers of the State of Jammu and Kashmir was earlier the executive function of Power Development Department of the State Government (for short hereinafter to be referred to as 'pdd' ). With the enactment of Jammu and kashmir State Electricity Regulatory Commission Act, 2000 (hereinafter referred to as 'the Act'), the power to determine the electricity tariff has come to be vested with State Regulatory Commission (hereinafter referred to as Regulatory commission ). The Regulatory Commission under the powers conferred under Section 36 read with Section 17 (2) of the Act made regulations called Jammu and Kashmir state Regulatory Commission (Terms and Conditions for Determination of distribution Tariff) Regulations, 2005, (hereinafter termed as Tariff regulations ). Under clause (4) of these Regulations, a licensee (utility) is required to submit its Annual Revenue Requirement (ARR) in the prescribed form for determination of the tariff. Respondent, Power Development Department, which is deemed as a licensee in terms of Section 6 (a) of Jammu and Kashmir electricity Act, presented its petition for fixing the tariff in respect of different categories of the consumers in the State of Jammu and Kashmir for financial years 2006-2007 and 2007-2008. The Commission after taking cognizance issued notices for inviting objections from all quarters and after affording opportunity of hearing to all the parties, passed the tariff order on 28/3/2007.

(3.) IT needs to be mentioned here that in the said order, the Commission has determined the tariff for the year 2007-2008 (hereinafter to be referred to as 'fy 2008') operative from 1/4/2007 till 31/3/2008. So far as determination of tariff for the year 2006-2007 is concerned, it has been declined by the commission on the ground of delay in filing ARR.