BHARAT KUMAR S Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In recent times, the wind of reform which aims at paving the way for a healthy, dynamic, financially viable and self- sustained growth of the power sector to meet the ever increasing demand for electricity from various categories of customers on an equitable basis both in terms of quality and quantity as well as of reasonable tariff so as to facilitate a rapid growth of the Nation's economy is blowing in almost all the States in India. Sometimes, as in the case of the State of Andhra Pradesh, the blowing of the reform win was very hard, strong and hurting too against certain hitherto protected and favoured categories of consumers of electricity like agriculturists and domestic consumers, irrespective of the fact whether it is justified or not. This resulted in perceived shock and dismay and spontaneously generated persistent and percurrent protests, rallies, agitations ending, at times, with unpardonable violence denounced with abomination and righteous indignation by the Father of the Nation. Police interventions in the troubled situations and accusations of police excesses' have become talk of the State and rocked the proceedings of the A.P. State Legislative Assembly. The State of Andhra Pradesh recently underwent such experience immediately after the impugned increase of the electricity tariff. It is stated that it is the aim of the State Government to structure the power-sector in such a manner as to impart the creditworthiness needed to new investments by facilitating its functions on sound commercial lines. The State Government has recognized that functional unbundling and corporatisation of the power-sector is one of the necessary and crucial steps for investment so as to bring around fundamental change in its functioning, and make it work on sound principles of modern management. It was also felt that distancing of the State Government from the ownership and operations of the power-sector by imparting functional autonomy to the various functional unbundled entities in the power- sector will go a long way in fostering the much needed commercial orientation to the long ailing power-sector. As a necessary corollary, it seems, the State Government wanted to withdraw from its earlier role of regulation of power-sector including the regulation of tariff to retain with itself only the role of broad formulation of socioeconomic policies. The result of the new thought and orientation is the enactment of the Andhra Pradesh Electricity Reform Act, 1998 (Aet 30/98) (for short 'the Reform Act')

(2.) In this batch of writ petitions the constitutional validity of certain provisions of the Reform Act and the legality and validity of the revision of electricity tariff for the year 2000-2001 done by the Andhra Pradesh Electricity Regulatory Commission (for short the 'Commission') vide its order dated 27-05-2000 and the consequent tariff notification dated 28-05-2000 as well as that of the Government Order G.O.Ms.No. 11 Energy (Power-Ill) dated 31-01-2000 and the proceedings of the Commission dated 31-03-2000 are assailed. The questions of fact and that of law that arise for consideration and decision of the Court are substantially similar in all these writ petitions. Hence, all these writ petitions were clubbed and heard together and they are being disposed of by this common order.

(3.) W.P.No. 9388 of 2000 is filed by a learned Member of the Bar of this Court. It is stated that he is also the Joint Secretary of Sai Citedal Residents Association, Vittalwadi, Hyderguda, Hyderabad. The prayer in this Writ Petition reads as follows: