R.K.MERATHIA, J. - (1.) HEARD the parties.
(2.) PETITIONER claims to be an Association of some members of Bokaro Employees Co -operative House Construction Society. For the sake of convenience the petitioner will be referred to as 'the Association ' and the said Co -operative Society as 'the Cooperative Society. ' This LPA arises out of the judgment dated 20th August, 2003, passed in W.P. (C) No. 5980 of 2002. The said writ petition was heard and disposed of along with W.P. (C) No. 1868 of 2002. filed by one of the members of the Cooperative Society and W.P. (C) No. 986 of 2003, filed by the Co -operative Society involving similar questions. In the said writ petition, the petitioner -Association challenged the demand of arrears on account of electricity dues with effect from May, 1997; and the enhancement of electricity charges with effect from May, 1997 and April, 2002. The Association further prayed for a direction not to give effect to the orders dated 13.5.1998, 5.1.1999 and 29.1.1999; and prayed for a direction for charging the electricity rates at par with the employees of the Bokaro Steel Limited in terms of office order dated 14.12.1990; and for restoration of concession to the extent of 15.000 units on account of street lights. By way of an amendment, the petitioner -Association sought a direction upon the Jharkhand State Electricity Board to provide domestic electrical connection to its members directly. An Intervention Petition was also filed by 146 members of the petitioner - Association/Members, supporting the petitioner.
(3.) SOME senior most officers of Bokaro Steel Limited, (BSL for short) now Steel Authority of India Limited, formed the Co -operative Society (respondent No. 4) in the year 1968 and got about 90 acres of land leased out to the society for developing a housing colony for it 'smembers who were employees/ex -employees of the BSL. The Co -operative Society got approval of the Board of Directors for allotment of the said lands on certain terms which is contained in the office order dated 16th September, 1968 (Annexure -2). Clause (e) of the said grant provided that "the Society would be charged the actual cost of the external water, power, sewerage disposal facility etc. if these are asked for and extended to the Society by the Company". The Co -operative Society requested the Company for providing water, power, sewerage and other facility which was approved by the Board of Directors, as contained in sanction Letter dated 28.2.1969, which is part of Annexure -3. This sanction letter also contained certain terms. Clause (d) provided for "recovery of charges for the bulk supply of power at the rate which should cover the cost of power and distribution charges up to the bulk supply point." Clause (f) further provided for recovery of the cost for providing supply of power by working out the rates in such a manner as to ensure that the cost incurred by the Company is recovered within a reasonable period for time together with interest thereon". Bye -laws of the Society in turn provided for payment of actual charges as per the bills raised by the Company at prevailing rate. The prevailing rate is defined in the bye -laws as the rate for electrical energy charged by BSL from time to time.;