ASSOCIATION OF INDUSTRIES ELECTRICITY USERS Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-2002-3-59
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on
March 06,2002
ASSOCIATION OF INDUSTRIAL ELECTRICITY USERS
Appellant
VERSUS
STATE OF ANDHRA PRADESH
Respondents
Cited Judgements :-
R KONDAIAH VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2010-8-47] [REFERRED TO]VACMET INDIA LTD. THRU. ITS AUTHORISED SIGNATORY & OTHERS VS. STATE OF U.P. THRU. ITS CHEIF SECY. CUM INFRASTRUCTURE [LAWS(ALL)-2018-3-454] [REFERRED TO]
ALL ODISHA PRIVATE BUS OWNERS ASSOCIATION & ORS. VS. INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY & ORS. [LAWS(ORI)-2011-8-76] [REFERRED TO]
SAI BHASKAR IRON LTD. VS. A.P. ELECTRICITY REGULATORY COMMISSION & ORS. [LAWS(SC)-2016-7-15] [REFERRED TO]
EXECUTIVE ENGINEER VS. SRI SEETARAM RICE MIL [LAWS(SC)-2011-10-54] [REFERRED TO]
MAGNA ELECTRO CASTING LTD VS. STATE OF TAMIL NADU [LAWS(MAD)-2005-8-202] [REFERRED TO]
JOINT ELECTRICITY REGULATORY COMMISSION VS. UNION OF INDIA [LAWS(MAD)-2009-12-280] [REFERRED TO]
APERC, SCY, HYDERABAD AND ORS. VS. CPDCL, M.D., HYD. AND ORS. [LAWS(APH)-2015-5-22] [REFERRED TO]
PUNJAB STATE ELECTRICITY BOARD VS. SIEL LTD [LAWS(SC)-2008-8-105] [REFERRED TO]
SR. ANNIE VS. KERALA STATE ELECTRICITY BOARD [LAWS(KER)-2009-4-55] [REFERRED TO]
ELIAS AHMED VS. UNION OF INDIA [LAWS(GAU)-2023-3-60] [REFERRED TO]
FAGGAN SINGH VS. U P STATE ELECTRICITY BOARD [LAWS(UTN)-2003-9-57] [REFERRED TO]
PUTTAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2008-12-2] [REFERRED TO]
DELHI VOLUNTARY HOSPITAL FORUM VS. DELHI ELECTRICITY REGULATORY COMMISSION & OTHERS [LAWS(APTE)-2014-8-27] [REFERRED TO]
IQ CITY FOUNDATION & ANR VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-8-146] [REFERRED TO]
SULABHA MARKETING (P) LTD. VS. KERALA STATE ELECTRICITY BOARD [LAWS(KER)-2017-4-40] [REFERRED TO]
AMIT GUPTA VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-12-89] [REFERRED TO]
BADRI KEDAR PAPER PVT LTD VS. U P ELECTRICITY REGULATORY COMMN [LAWS(SC)-2008-12-53] [REFERRED TO]
IMC LIMITED & 1 OTHER(S) VS. UNION OF INDIA & 2 OTHER(S) [LAWS(GJH)-2019-5-33] [REFERRED TO]
L M T LIMITED VS. STATE OF U P [LAWS(SC)-2007-12-1] [REFERRED TO]
SHREE SIDHBALI STEELS LTD VS. STATE OF U P [LAWS(SC)-2011-1-108] [REFERRED TO]
KANDLA PORT TRUST VS. KANDLA SALT LEASEHOLDER WELFARE ASSOCATION AND ORS [LAWS(GJH)-2013-10-277] [REFERRED TO]
DHANALAKSHMI COTTON & RICE MILLS PVT. LTD. VS. SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD. [LAWS(APH)-2014-8-91] [REFERRED TO]
INDIA CEMENTS LTD VS. CHAIRMAN APSERC [LAWS(APH)-2011-7-20] [REFERRED]
KERALA HIGH TENSION AND EXTRA HIGH TENSION INDUSTRIAL ELECTRICITY CONSUMERS VS. KERALA STATE ELECTRICITY REGULATORY COMMISSION [LAWS(KER)-2023-9-169] [REFERRED TO]
BHARAT ALUMINIUM COMPANY LIMITED VS. CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION [LAWS(CHH)-2020-2-175] [REFERRED TO]
TATA POWER COMPANY LIMITED VS. RELIANCE ENERGY LIMITED [LAWS(BOM)-2004-12-107] [REFERRED TO]
DAV COLLEGE MANAGING COMMITTEE VS. DELHI ELECTRICITY REGULATORY COMMISSION & ANOTHER [LAWS(APTE)-2014-10-11] [REFERRED TO]
FEDERATION OF INDIAN AIRLINES VS. UNION OF INDIA [LAWS(DLH)-2011-3-14] [REFERRED TO]
KERALA STATE PRIVATE BUS OPERATORS VS. INSURANCE REGULAROTY AND DEVELOPMENT [LAWS(KER)-2011-6-71] [REFERRED TO]
SIEL LIMITED VS. PUNJAB STATE ELECTRICITY REGULATORY COMMISSION [LAWS(P&H)-2003-11-59] [REFERRED TO]
TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD VS. SAI RENEWABLE POWER PVT LTD [LAWS(SC)-2010-7-1] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED VS. ADANI POWER MAHARASHTRA LIMITED [LAWS(SC)-2023-3-8] [REFERRED TO]
BALAJI CELLULOSE PRODUCTS LIMITED VS. UNION OF INDIA [LAWS(DLH)-2003-7-59] [REFFERED TO]
NORTH MUNICIPAL CORPORATION OF DELHI VS. DELHI ELECTRICITY REGULATORY COMMISSION & OTHERS [LAWS(APTE)-2014-9-20] [REFERRED TO]
COIMBATORE STOCK EXCHANGE LTD. AND ORS. VS. TAMIL NADU ELECTRICITY REGULATORY COMMISSION AND ORS. [LAWS(SC)-2013-2-109] [REFERRED TO]
GMR WARORA ENERGY LIMITED VS. CENTRAL ELECTRICITY REGULATORY COMMISSION [LAWS(SC)-2023-4-84] [REFERRED TO]
JUDGEMENT
Kirpal, J. -
(1.)With a view to provide for the constitution of an Electricity Regulatory Commission, restructuring of the electricity industry, rationalisation of the generation, transmission, distribution and supply of electricity avenues for participation of private sector in the electricity industry and generally for taking measures conductive to the development and management of the electricity industry in an efficient, economic and competitive manner and for matters connected therewith or incidental thereto, the Andhra Pradesh Electricity Reforms Act, 1998 (hereinafter referred to as "the Act"), was promulgated by the State. After it received the assent of the President, by Notification dated 27th January, 1999, it came into force with effect from 1st February, 1999.
(2.)The present dispute arises in connection with fixation of the tariff by the Regulatory Commission which has been constituted under the said Act. The tariff which was impugned by the appellants herein was in respect of the year 1st April, 2000 to 31st March, 2001. This tariff was fixed by a decision of the Regulatory Commission dated 27th May, 2000. In the said order determining the tariff, various contentions which had been raised by the licensees and the other interested parties, including the appellants, were considered.
(3.)The said order dated 27th May, 2000, was challenged by a number of writ petitions filed in the High Court of Andhra Pradesh at Hyderabad. By an elaborate judgment of the Division Bench of the High Court dated 16th October, 2000, the writ petitions were dismissed and the tariff which was fixed by the order dated 27th May, 2000 followed by a notification under Section 26 (6) of the Act was upheld.
(2.)The present dispute arises in connection with fixation of the tariff by the Regulatory Commission which has been constituted under the said Act. The tariff which was impugned by the appellants herein was in respect of the year 1st April, 2000 to 31st March, 2001. This tariff was fixed by a decision of the Regulatory Commission dated 27th May, 2000. In the said order determining the tariff, various contentions which had been raised by the licensees and the other interested parties, including the appellants, were considered.
(3.)The said order dated 27th May, 2000, was challenged by a number of writ petitions filed in the High Court of Andhra Pradesh at Hyderabad. By an elaborate judgment of the Division Bench of the High Court dated 16th October, 2000, the writ petitions were dismissed and the tariff which was fixed by the order dated 27th May, 2000 followed by a notification under Section 26 (6) of the Act was upheld.
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