GURUSHARAN SHARMA, J. - (1.) DAMODAR Valley Corporation (hereinafter to be referred to as the Corporation) is a Body corporate and a Corporation under the Damodar Valley Corporation Act, 1948 (hereinafter to be referred to as the Act). The present writ petition has been filed by the said Corporation and its Chief Engineer (Commercial) against Jharkhand State Electricity Board (hereinafter to be referred to as the Electricity Board) for issuance of appropriate writ or direction and restrain the Electricity Board from wrongful and illegal supply of electrical energy to its consumers -respondents 5 and 6 at 30,000 volts or more without permission of the Corporation and beyond the scope of the provisions of the Act.
(2.) THE Corporation generates and supplies power through its different power stations in the State of Jharkhand to different consumers governed under the Act for 30,000 volts and above. For voltage below 30,000 i.e. ranging between 230 volts upto 11,000 volts power are being transmitted and supplied by State Electricity Board. Section 18 of the Act provides as under : "Notwithstanding any thing contained in the Indian Electricity Act, 1910 (IX of 1910) or any licence granted thereunder - (i) No person shall, without the permission of the Corporation - (a) sell electrical energy to any consumer in the Damodar Valley where the energy is taken by the consumer at a pressure of 30,000 volts or more; (b) transmit electrical energy in the Damodar Valley at a pressure of 30,000 volts or more; (c) generate any electrical energy at an installation having an aggregate capacity of more than 10,000 kilowatts in any part of the Damodar Valley lying to the north of a straight line drawn east to west passing through a point at latitude twenty -two degrees, fourteen minutes and forty -seven seconds and longitude eighty -seven degrees, fifty -one minutes and forty -two seconds except such portion of the municipal area of Burdwan as may lie to the north of such straight line : Provided that nothing in Sub -clause (c) shall apply to any person who was, at the commencement of this Act generating electrical energy at an installation having an aggregate capacity of more than 10,000 kilowatts, so long as the capacity of such installation is not increased : Provided further that nothing in Sub -clause (c) shall apply to the power station installation of the fertilizer factory at Sindri having an aggregate capacity of 80,000 kilowatts so long as the capacity of such installation is not increased beyond 80,000 kilowatts. (ii) The Corporation may sell electrical energy to any consumer in the Damodar Valley but no such sale shall, except with the permission of the Provincial Government concerned be made to any consumer requiring supply at a pressure of less than 30,000 volts; (iii) The Corporation may, with the permission of the Provincial Government concerned, extend its transmission system to any area beyond the Damodar Valley and sell electrical energy in such area."
(3.) SECTION 58 of the Act provides that provisions of this Act or any rule made thereunder shall have effect notwithstanding anything contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.;