DAMODAR VALLEY CORPORATION Vs. THE WEST BENGAL ELECTRICITY REGULATORY COMMISSION & ORS.
LAWS(CAL)-2017-1-121
HIGH COURT OF CALCUTTA
Decided on January 09,2017

DAMODAR VALLEY CORPORATION Appellant
VERSUS
The West Bengal Electricity Regulatory Commission And Ors. Respondents

JUDGEMENT

Harish Tandon, J. - (1.) Though the challenge is made to several orders passed by the West Bengal Electricity Regulatory Commission on the premise of violation of principle of natural justice but after hearing the respective counsels, this Court feels that one of the directions passed therein deserves consideration.
(2.) Before indicating the point, this Court feels necessary to adumbrate salient facts for such limited purposes.
(3.) The Regulatory Commission initiated the proceeding against the petitioner as it was interested in cherry picking i.e. supplying the electricity in bulk to the heavy consumers and denying the supply of electricity to the domestic consumers. The Regulatory Commission feels that the distribution company is obliged under section 43 of the Electricity Act, 2003 and the National Electricity Policy framed under Section 3 thereof which mandates all the distribution company including the deemed licensees to supply electricity to all consumers within their respective area of supply and directed the petitioner to furnish the report regarding their readiness to supply all consumers under the area of supply and also to submit the investment proposal as per the provision of the tariff regulation pertaining to establishment of the infrastructure to give electric supply to all consumers including medium and low voltage consumers.;


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