K D INDUSTRIES Vs. BIHAR STATE ELECTRICITY BOARD
LAWS(SC)-2001-3-162
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on March 21,2001

K.D.INDUSTRIES Appellant
VERSUS
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

S. N. Variava, J. - (1.) Leave granted.
(2.) In these Appeals the only question urged before us is whether low tension Industrial users are entitled to exemption from payment of minimum guarantee charges as per the Industrial Policy framed by the Government of Bihar in 1995. In the Appeal arising from SLP 17210 of 2000 other questions are also raised. However they are not pressed before us.
(3.) The relevant portions of the Industrial Policy read as follows: "9.4 PRIORITY TO INDUSTRIAL CONNECTION With a view to facilitating timely start up of an industrial project over-riding time bound priority would be given to L.T./H.T. Industrial connection. 9. 5 POWER TARIFF Power tariff would be reviewed and simplified to provide power at tariff comparable with neighbouring states to industrial units. 9. 6 POWER INCENTIVE Exemption from payment of minimum guarantee charge for new Industrial units having connected load up to 500 KVA. Exemption from Electricity Duty for 5 years on captive power generation up to 25 MW for own consumption to new industrial units. Loads up to 99 H.P. to be made available on L.T. for new connection to Industrial units. Special arrangements for expeditious clearance for rebate for non supply of power to Industrial undertakings." ;


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