- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court holding that the demand raised by the appellant-Corporation through various bills purporting to realize penalty for violation of peak hour restrictions cannot be maintained. The question was whether one Meter Reading Inspection Report (in short 'MRI') should be construed as single violation of the commercial restrictions irrespective of the fact that a number of contraventions might have been made by consumers during the period covered by the said report.
(3.) The State Government of Uttar Pradesh issued a notification under Section 22-B of the Electricity Act, 1910 (hereinafter to be referred to as "the Act of 1910") known as the U.P. Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977 which was published in the Official Gazette. This order was amended on 30-4-1984, known as the U.P. Electricity (Regulation of Supply, Distribution, Consumption and Use) (1st Amendment) Order, 1984 by which clause 9 of the 1977 Order was amended and it was substituted by the following: "9. (1) Without prejudice to the provisions contained in Section 42 of the Indian Electricity Act, 1910, all Chief Zonal Engineers, Superintending Engineers, Executive Engineers, Assistant Executive Engineers and Assistant Engineers of the Uttar Pradesh State Electricity Board, the Chief Electrical Inspector, all Deputy Electrical Inspectors and all Assistant Electrical Inspectors to the State Government are authorised to disconnect the supply summarily without notice in relation to such installation as are found upon inspection made by them to have contravened the provisions of this Order. The supply shall remain disconnected for the period specified below (a) Contravention first in point of time 5 days (b) Contravention second in point of time 10 days (c) Contravention third in point of time 20 days (d) Contravention beyond third point of time Permanently: Provided that for the purposes of this clause any contravention prior to 1-5- 1984 shall not be taken into account. (2) In addition to above, such consumers shall be liable to pay the penalty for each contravention as follows: (a) Consumers having contracted load up to 100 kVA, at Rs 50 per kVA on their contracted load. (b) Consumers having contracted load above 100 kVA and up to 500 kVA at Rs.30 per kVA on their contracted load subject to minimum of Rs 5000. (c) Consumers having contracted load above 500 kVA at the rate of Rs 20 per kVA on their contracted load subject to minimum of Rs 15,000. The reconnection shall only be done after payment of penalty and expiry of the above specified disconnection period whichever is later.";