Case Note & Summary
The dispute arose between a hydro power generating company and a respondent regarding the quantum of electricity bills. The respondent filed a suit questioning the bills, leading to interim orders requiring a deposit of 50% of the demand. A special leave petition was filed, and the Supreme Court directed the respondent to withdraw the suit and approach the appellate authority under the relevant regulation. The appellants constituted a Committee to address the appeal, but the High Court found its constitution illegal as it did not conform to statutory requirements. The appellants argued that due to their status as a hydro power generating company, they lacked certain positions required for compliance. The respondents' counsel suggested that the Supreme Court could direct the formation of an appropriate Committee. The Supreme Court agreed, ordering the appellants to constitute a new Committee with specified officers within four weeks and to resolve the appeals expeditiously, preferably within three months. The appeals were disposed of without costs.
Headnote
A) Administrative Law - Constitution of Committee - Compliance with Statutory Requirements - Electricity Supply (Consumers) Regulations, 1984, Regulation 23(ii) - The court examined whether the Committee formed by the appellants met the regulatory requirements, concluding that it did not. The court directed the appellants to form a new Committee with specified officers to ensure compliance and expedite the appeal process (Paras 1-3).
Issue of Consideration
Whether the Committee constituted by the Appellants conforms to the requirements of Regulation 23(ii) of the Electricity Supply (Consumers) Regulations, 1984.
Final Decision
The Supreme Court directed the appellants to constitute a new Committee with specified officers within four weeks and to resolve the appeals expeditiously, preferably within three months. The appeals were disposed of without costs.
Law Points
- Electricity Supply Regulations
- Committee Constitution
- Statutory Compliance
- Appeal Process
Case Details
Appeal (civil) 3381-3382 of 2008
S.B. Sinha, Lokeshwar Singh Panta
Pradeep Mishra, P.S. Mishra
UTTARANCHAL JAL VIDYUT NIGAM LTD., ANR.
JAIPRAKASH ASSOCIATES LTD.
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Nature of Litigation
Dispute regarding the quantum of electricity bills raised against the respondent.
Remedy Sought
The respondent sought to question the bills and obtain relief through an appeal.
Filing Reason
The respondent filed a suit questioning the bills for consumption of electrical energy.
Previous Decisions
The High Court opined that the constitution of the Committee was illegal and not in conformity with the regulations.
Issues
Compliance of the Committee with statutory requirements
Validity of the constitution of the Committee
Submissions/Arguments
The appellants argued that they are a hydro power generating company and lack certain required positions for compliance.
The respondents' counsel suggested the Supreme Court direct the constitution of an appropriate Committee.
Ratio Decidendi
The court emphasized the necessity for compliance with statutory requirements in the constitution of committees under regulatory frameworks, ensuring that appeals are resolved fairly and expeditiously.
Judgment Excerpts
The short question which arises for consideration in this appeal is as to whether the Committee constituted by the Appellants, conforms to the requirements of Regulation 23(ii) of the Electricity Supply (Consumers) Regulations, 1984 or not.
The High Court opined that the constitution of the Committee was illegal being not in conformity with the said regulations.
We would request the said Committee to dispose of the appeals preferred by the respondents as expeditiously as possible and preferably within a period of three months from the date of its constitution.
Procedural History
The respondent filed a suit questioning the electricity bills, interim orders were passed, a special leave petition was filed, and the Supreme Court directed the withdrawal of the suit and the formation of a new Committee.
Acts & Sections
- Electricity Supply (Consumers) Regulations: Regulation 23(ii)
- U.P. State Electricity Regulatory Commission Act:
