CORPORATION OF THE CITY OF NAGPUR Vs. NAGPUR ELECTRIC LIGHT AND POWER COMPANY LTD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for the issue of a writ of mandamus to the Nagpur Electric Light and Power Company Ltd. , respondent in this petition, directing it to restore immediately the supply of electrical energy to the public lamps in the City of Nagpur.

(2.) THE facts which are relevant and are admitted by the parties are briefly these: The respondent Company holds a licence under which it used to generate electricity and supply it to the former Municipal Committee at Nagpur and to the public at large. In March 1951, the respondent Company shopped generating electricity because the Khaperkheda Power House which is managed by the State Electricity Board, started supplying electricity to the respondent Company in that year. Therefore, as from the year 1951 the respondent Company is only distributing electricity within the limits of the City of Nagpur.

(3.) THE first agreement between the Nagpur Municipal Committee and the respondent concerning the supply of electricity by the Company to the Municipality is of the year 1915. It was followed by several other agreements. , the fast of which expired on 31-12-1938. After the expiry of that agreement, it would appear that there was a disagreement between the parties as to the terms on which a fresh agreement should be entered into. The dispute was therefore, referred to Mr. W. R. Puranik. He gave his award in the year 1942. That award was retrospective and was in operation from 31-12-1938 to 31-12-1945. Under that award, the Municipality was to pay Rs. 25/8/- per annum per pole to the respondent Company as charges for the supply of electrical energy and for maintenance of the public lamps. Inspite of the fact that this agreement expired on 31-12-1945, it was continued to be acted upon by the parties till 1-10-1950. From 1-10-1950 to 28-2-1931 Rs. 30/- per annum were paid, by agreement, in respect of each pole. This was apparently a provisional arrangement between the parties between whom negotiations for entering into a fresh agreement were going on at that time.