- (1.) Effect of two Circular letters issued by the U.P. Power Corporation Limited is involved in these appeals, which arise out of a judgment and order dated 25th April, 2001 of the High Court of Judicature at Allahabad in CMWP No.40692 of 2000 ; judgment and order dated 17th January, 2007 passed by the High Court of Uttaranchal at Nainital in WP No. 936 of 2001 and judgment & order dated 19th October, 2006 of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Appeal No.82 of 2002 etc. etc.
(2.) State of Uttar Pradesh constituted Uttar Pradesh Electricity Board in terms of the provisions of the Electricity (Supply) Act, 1948. In the year 1999 Uttar Pradesh Electricity Reforms Act, 1999 (for short, "the 1999 Act") was enacted, in terms whereof the U.P. Electricity Regulatory Commission (for short, "the Commission") was constituted. Indisputably, three licensees, namely, (i) U.P. Power Corporation Ltd. (for short, "UPPCL), (ii) Kanpur Electricity Supply Company (for short, "KESCO"); and (iii) NOIDA Power Company Ltd. (for short "NPCL") filed applications before the Commission for determination of "tariff".
(3.) By reason of a notification dated 07.08.2000, tariff was framed which was to come into force from 09.08.2000, inter alia, providing for : "RATE SCHEDULE HV-2 LARGE AND HEAVY POWER 1. Applicability : This rate schedule shall apply to all consumers who have contracted load of more than 75 KW (100 BHP) for industrial and/or processing purposes as well as to Acr/Induction, Furnaces Rolling/Re-Rolling Mills, Mini Steel Plants and to any other power consumers not covered under any other rate schedule. This rate schedule shall also apply to commercial light, fan & power consumers (LMV-2) and power consumers of Rate Schedule LMV-6, subject to the condition that they opt for this Rate Schedule. The contracted demand shall be expressed in whole number only. 2. .... ... ... 3. ... ... ... 4. Rate of charge JUDGEMENT_1032_AIR(SC)_2008_1.html;