BYRNIHAT INDUSTRIES ASSOCIATION AND ORS. Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) HEARD Dr. A.K. Saraf, learned senior counsel assisted by Mr. K. Paul and Ms. M. Ghosh, learned counsel for the petitioners, Mr. N.D. Chullai, learned Sr. GA assisted by Mr. S. Sen Gupta, learned GA appearing for the respondents No. 1 & 2 and Mr. K.S. Kynjing, learned senior counsel assisted by Mr. S.M. Suna, Mr. L. Shongwan and Ms. I.L. Mawphlang, learned counsel for the respondent No. 3.

(2.) THE challenge in the present writ petition is to the provisions of the Meghalaya State Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulations, 2012 (for short 'MSERC, Regulations, 2012') in particular to Regulations 23 and 24 of the MSERC, Regulations, 2012 dealing with wheeling charges and cross -subsidy surcharge. For easy reference, the relevant portion of the MSERC, Regulations, 2012 are quoted hereunder: -

(3.) THE Central Govt. in compliance with Section 3 of the said Act of 2003 prepared and notified the national tariff in continuation of the National Electricity Policy (NEP) notified on 12.02.2005 vide Gazette of India Extraordinary Part -I -Section I published by the Ministry of Power, New Delhi dated 06.01.2006. The relevant portions of the National Tariff Policy are quoted hereunder: -