RATHI GASES LTD Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The present writ petition has been filed under Art. 226 of the Constitution of India in the matter of Electricity Supply Act, 1948 (hereinafter to be referred as 'the Act') concerning the additional tariff and the concessions, the benefit of exemption of which, the petitioner can be held entitled under the Rules or not, by virtue of the petitioner being an expanding industrial unit. According to the petitioner its Company was granted an industrial licence No. IL: 293(74), dated 2 8/06/1974 for estaestablishment of a unit at Ghaziabad in U.P. for manufacturer of oxygen gas and lateron the necessary sanction was accorded by the Government of India on 30/11/1974 to shift the site of the petitioner-company from Ghaziabad to Alwar, Rajasthan and at the time of establishment of the said industrial unit, the petitioner-company had applied for power connection of 380 K.V.A. connected load against the contract demand of 400 K.V.A. from the Rajasthan State Electricity Board (for short 'the Board'), which was realised on 26/05/1975.

(2.) Subsequently, at the request of the petitioner-company the said contract demand was further extended by the Board by 100 K.V.A. thus raising the petitioner-company demand up to 500 K.V.A. The said contract demand was realised in favour of the petitioner on 24/12/1979 and thereafter the petitioner made a representation to the Government of India for effecting capacity of 2 lac million cubic meters in pursuance thereto and the Government of India vide its letter dated 31/12/1979 granted necessary permission to the petitioner for the said substantial expansion.

(3.) According to the petitioner-company it had incurred expenditure of Rs. 50,50,270/on the execution of the expansion project undertaking in pursuance of the letter of intent up to 22/02/1982, which was not more than 25% of the fixed capital investment of petitioner-company.