M.KARPAGA VINAYAGAM, J. - (1.) THE only question which has been raised in the present Appeal is this "Whether Kerala State Commission is right in holding that Cochin Port Trust, the Appellant is liable to pay their share of cost of construction of Kataribagh sub station to the Kerala State Electricity Board -
(2.) COCHIN Port Trust is the Appellant herein.
(3.) ON the Petition filed by the Kerala State Electricity Board (R1) before the State Commission (R2) claiming that the Appellant is liable to pay their share of cost of construction of Kataribagh sub station namely Rs.201.5 lakhs to the Electricity Board, the State Commission held that the Appellant is liable to pay the said Rs.201.5 lakhs being the share of cost of construction, but directed the Cochin Port Trust to pay only Rs.80.26 lakhs since the balance amount of Rs.121.24 lakhs had already been paid by the Appellant to the Electricity Board towards the cost of laying UG cables and the same shall be adjusted from the total liability. Aggrieved over this Order the Appellant which claims that it is not liable to pay any amount towards the share of construction, has filed this Appeal. The short facts are as under: (a) The Appellant is a deemed distribution licensee Under Section 14 of the Electricity Act, 2003 to distribute the power on Willington Island area of Kerala State. (b) The Electricity Board (R -1) is engaged in generation, transmission, distribution and sale of electricity in terms of the Electricity Act, 2003. (c) The Appellant has been procuring bulk power from the Respondent No.1 for meeting the requirement in its licensed area and drawing power at 11KV. During the year 1988 to 1993, the Appellant enhanced its contract demand from 3.5 MVA to 6.5 MVA. (d) The Appellant requested the Electricity Board for enhancement of the contract demand from 6.5 MVA to 13 MVA in the year 1993. During the same period, Cochin Naval Base, another licensee also demanded additional 2 MVA power allocation. As per the Electricity Rules, 1956 prevalent at that time, supply at 11 KV could be made to loads upto 3 MVA. The Electricity Board undertook the construction of 110 KV sub station at Kataribagh sub station on the understanding among the Electricity Board, Cochin Port Trust and Naval base that the total cost of the Kataribagh sub station would be shared amongst these three utilities on their respective additional requirement. (e) Accordingly, the Electricity Board completed the construction of 110 KV Kataribagh sub Station in the year 1997. The load of the Appellant was immediately shifted to Kataribagh sub station to ensure better quality of service but it continued to get supply at 11 KV from Kataribagh sub station. (f) In September, 2008, the Electricity Board (R1) intimated the Appellant various conditions for extending supply at 110 KV. One of the conditions was that the Appellant had to remit Rs.26,32,500 towards service connection charges. Though the Appellant claimed that they were not liable to pay service connection charges, they were constrained to pay the same under protest. On 17.11.2008, Power Purchase Agreement was entered between the Appellant and the Respondent No.1. On 26.11.2008, the Appellant started drawing power at 110 KV with contract demand of 6.5 MVA. (g) Thereupon, the Appellant questioning the levy of service connection charges filed a Petition before the State Commission against the said collection. (h) The State Commission in its order dated 15.7.2009 held that the collection of service connection charges by the Electricity Board from Cochin Port Trust, was not valid in law and so, it directed the Electricity Board to refund the amount to Cochin Port Trust, the Appellant. (i) As against this order, the Electricity Board filed an Appeal before this Tribunal in Appeal No.152 of 2010. This Tribunal, after hearing the parties, by the judgment dated 13.7.2010 upheld the impugned order of the State Commission holding that the Electricity Board is not entitled to realize the service connection charges from the Cochin Port Trust. However, the Tribunal, as requested by the Electricity Board, gave a liberty to the Electricity Board to approach the State Commission regarding the claim for sharing the cost of Kataribagh sub Station from Cochin Port Trust. (j) Accordingly, the Electricity Board filed a Petition before the State Commission claiming for the payment of sharing in the cost of construction of 110 KV Kataribagh sub Station of Rs.201.5 lakhs from the Appellant. (k) The State Commission, after hearing the parties, accepted the contention of the Electricity Board that the Appellant was liable to pay the cost of construction towards its share of Rs.201.5 lakhs and held in the impugned order dated 3.8.2011 that since the Appellant has already paid Rs.121.24 lakhs towards the cost of laying underground cables, the same shall be adjusted from total liability and therefore, the Appellant is liable to pay the balance amount of Rs.80.26 lakhs to the Electricity Board and accordingly directed. Aggrieved over this, the Appellant, Cochin Port Trust has filed this Appeal.;