SANKAR PRASAD MITRA, C.J. - (1.) This is an appeal from the judgment of P. K. Banerjee, J., delivered on May 9, 1972, on an application of the appellant under Article 226 of the Constitution challenging certain orders of the Madhya Pradesh Electricity Board. The learned Judge has dismissed the application so far as the main prayers are concerned but has made the rule absolute with respect to a portion of the order/notice of the respondent No.1 dated the 29th February, 1968, to the appellant for permanent closing down of the appellant's controlled station. By this order/notice the appellant was intimated that the respondent No.1 would take over and purchase the Jubbalpore Generating Station along with lands, buildings and structures pertaining to the said generating station and its premises "including associated office buildings, store buildings, workshops etc." The Learned Judge has struck down the words "including associated office buildings, Store Buildings, Workshop etc." There is no cross appeal against this order and we have to proceed on the footing that by the order/notice of the 29th February 1968, the respondent No.1 purported to take over and purchase the Jubbalpore Generating Station along with lands, buildings and structures pertaining to the said generating station, and its premises. The application under Art. 226 of the Constitution was moved on the 26th March, 1968. The Learned Judge has refused to interfere with the orders/notices passed or given prior to the order/notice of the 29th February, 1968 and culminating in the said order/notice principally on the ground of delay. As the validity of the last order/notice dated the 29th February, 1968, was dependent on the validity of the previous orders/notices, the aforesaid last order/notice was not interfered with except to the extent indicated above.
(2.) Let us now briefly discuss the facts of this case. The appellant was a licensee for generation and supply of electricity granted by the Government of Central Provinces and Berar to Martin & Co. on the 30th August, 1925. The licence was to be cited as the Jubbalpore Electric Licence, 1925. In 1927, pursuant to this licence, a generating plant and/or station was installed by the appellant at Jubbalpore.
(3.) On the 6th August, 1949, the appellant Jubbalpore Electric Supply Co. Ltd., having its registered office at 12, Mission Row in Calcutta entered into an agreement with the Governor of Central Provinces and Berar, inter alia, for supply of electrical energy to the Jubbalpore-Kanti are and such areas as might subsequently be added to the same. Clause 16 of this agreement was as follows: - Subject to the provisions contained in Clause 23 hereof, this agreement shall remain in force for a period of 20 years from the date of commencement of supply and unless then terminated by at least 12 calendar months' previous notice shall continue in force thereafter for subsequent periods of seven years until determined by either party giving to the other party at least 12 months' clear notice in writing.";