MANOJ KUMAR GUPTA,J. - (1.) THE common question which arises for consideration in these writ petitions is the mode in which electricity load of 1000 KVA and above is to be released to the class of Industries contemplated under Clause 3.4(a) of the U.P. Electricity Supply Code, 2005 (for brief, hereinafter referred to as "the Supply Code"). These Industries are arc/induction furnaces, rolling mills, re-rolling mills and mini steel plants. Whether clause 3.4 of the Supply Code takes within it's ambit only request for new connections or also applications for enhancement of load. Certain other issues also arise for consideration in different writ petitions and which are peculiar to the facts of that particular case and will be dealt with separately.
(2.) THESE writ petitions were connected with each other by different orders passed from time to time and with the consent of parties they were heard together and are being decided by a common judgment. Facts of Writ Petition No. 3467 of 2008:Sigma Castings Ltd. The petitioner company is engaged in manufacture of MS Ingots by use of induction furnaces, and is thus an industry under Clause 3.4 (a) of the Supply Code. The petitioner is having a contracted load of 2700 KVA since the time of erstwhile UPSEB. It was being supplied electricity through 33 KV Fatehpur feeder emanating from 132 KV sub-station,Malwan. The supply and voltage system falls under high-tension category i.e. 33000 volts. It made an application on 20th April 2007 before the Executive Engineer (Distribution Division), Fatehpur for sanction of an additional load of 3000 KVA. Requisite processing fee was deposited on 30th April 2007. The U.P. Pollution Control Board, Lucknow has already granted no-objection certificate in this regard. On direction of Executive Engineer, the Sub-Divisional Officer has submitted a technical feasibility report dated 30th May 2007 in favour of the petitioner. Another report by Assistant Engineer and Junior Engineer has been filed as Annexure 6 to the writ petition stating that the additional load of 3000 KVA can be released to the petitioner from 33 KV Fatehpur feeder. According to the said report, there are in all 5110 Industries connected with 33 KV Fatehpur feeder and the total load is 8250 KVA and it is possible to release load of 3000 KVA to M/s. Sigma Castings Limited by tapping 33KV Fatehpur feeder. However, when additional load as requested was not sanctioned, the petitioner company was compelled to file Writ Petition No. 31754 of 2007, which was disposed of by a Division Bench of this Court vide order dated 17th July 2007 requiring the concerned authority to dispose of the application for sanction of additional load within 7 days. According to the petitioner, the respondents have ultimately issued an office memorandum dated 4th December 2007 whereby, the additional load of 3000 KVA has been sanctioned in favour of the petitioner subject to certain conditions. Condition No. 3 stipulates that additional load will be released to the petitioner by construction of a 33 KV independent feeder at 132 KV Malwan Sub-station and in this regard, the expenses are to be borne by the petitioner. Condition No. 6 requires the petitioner to furnish a bank guarantee of Rs. 3.74 crores in compliance of Clause 4.49 of the Supply Code. Condition No. 4 stipulates that additional load will be released only after enhancing the capacity of 40 MVA transformer at the Sub-station. The petitioner feeling aggrieved by condition Nos. 3 and 6 of the office memorandum has prayed for quashing the same and for a mandamus commanding the respondents to release additional load to the petitioner without requiring it to comply with these conditions and not to release new electric connection/additional load to any other consumer from 33 KV Fatehpur feeder. Facts of Writ Petition No. 3466 of 2008: Kundan Castings (pvt.) Ltd.
(3.) PETITIONER is engaged in manufacture of MS Ingots by use of induction furnaces and is, thus, an Industry under Clause 3.4 (a) of the Supply Code. The petitioner company is having electric connection since the time of erstwhile UPSEB for a contracted load of 3410 KVA. It is being supplied electricity through 33 KV UPSIDC feeder, which also emanates from 132 KV Sub-station Malwan. It submitted an application for sanction of additional load of 3100 KVA on 20th April 2007 and deposited the requisite processing fee of Rs. 3000/- on 30th April 2007. The petitioner also obtained a no-objection certificate from the U.P. Pollution Board, Lucknow in this regard. According to the petitioner, the Sub-Divisional Officer has submitted a feasibility report dated 30th May 2006 (Annexure 5 to the writ petition). However, when additional load was still not sanctioned, it filed Writ Petition No. 31751 of 2007, which was disposed of by an order dated 17th July 2007 directing the authorities to take appropriate decision within 7 days. Thereafter, by office memorandum dated 4th December 2007, the respondents have sanctioned additional load in favour of the petitioner company. Condition No. 3 stipulates that additional load will be released by constructing an independent feeder at 133 KVA Malwan Sub-station and entire expenses in this regard are to be borne by the petitioner. Condition No. 4 stipulates that additional load will be released after enhancing the capacity of 50 MVA transformer installed at the Sub-station. Condition No. 6 requires the petitioner to furnish a bank guarantee of Rs. 3.74 crores being alleged dues on its sister concern M/s. Sigma Castings Limited, in compliance of Clause 4.49 of the Supply Code. The petitioner has approached the Court claiming identical reliefs as have been claimed by Sigma Castings Ltd. in W.P No. 3467 of 2008. Facts of Writ Petition No. 16216 of 2008: PVVNL Vs. Vidyut Lokpal:-;