(1.) These writ applications are filed by the petitioner companies for declaration of clause (4) of Regulation 5 of the Central Electricity Regulatory Commission (terms and conditions of tariff) Regulations, 2009 and proviso to Clause(6) of Regulation 3 of the Central Regulatory Commission (procedure of making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004, ultra vires the constitution of India and the Electricity Act, 2003. Provisional tariff order dated June 23, 2011 passed in the matter of Damodar Valley Corporation Vs. West Bengal State Electricity Distribution Company Ltd., Kolkata and Ors. in petition no.240 of 2009 for the period from 2009 to 2014 and differential power bills raised by the respondent no.3 for the period from May 2010, to May 2011 for enjoying the benefit of the impugned provisional tariff order are also under challenge in these writ applications.
(2.) Considering that the same points of law depending on identical facts and circumstances are involved in all these matters, these writ applications are taken up for analogous hearing.
(3.) The backdrop of these cases are as follows: