K.T.THOMAS, SUHAS C.SEN
Bihar State Electricity Board – Appellant
Versus
Usha Martin Industries LTD. – Respondent
The ratio in the context of Section 64A pertains to the principle that the fixation and adjustment of tariffs or prices are primarily matters of policy, discretion, and statutory authority vested in the relevant administrative or statutory bodies. Specifically, Section 64A emphasizes that such decisions are not automatically subject to judicial intervention solely because of changes in external factors like taxes or costs, unless there is a clear statutory obligation or contractual provision requiring such adjustments (!) .
This principle underscores that tariff fixation involves considerations of revenue sufficiency, cost recovery, and policy objectives, rather than merely reflecting fluctuations in specific components such as taxes. The section reinforces the idea that the decision-making process in tariff setting is within the domain of the authorized administrative authorities and is not automatically mandated to change in response to external fiscal changes unless explicitly provided for by law or contractual terms (!) .
Therefore, the core ratio derived from the legal principles surrounding Section 64A is that administrative discretion in tariff fixation is protected, and courts do not have the jurisdiction to compel reductions or adjustments based solely on changes in taxes or costs unless there is an explicit legal or contractual requirement to do so. This preserves the policy-making authority of the relevant bodies and maintains the separation of judicial review from policy decisions unless procedural or statutory violations occur (!) .
JUDGMENT
Sen, J.-This is an appeal from an order passed by the Patna High Court, Ranchi Bench, holding that the charge levied by Bihar State Electricity Board for supply of electricity to M/s. Usha Martin Industries, the respondents herein, was excessive as the uniform tariff was not reduced even when Excise Duty on electricity was abolished.
2. We are of the view that the High Court was clearly in error in coming to this decision. Electricity has to be supplied by the Board to persons other than licensees at a price fixed by the Board. In fixing the price, the Board has to take into consideration various factors laid down in Section 49 of the Electricity (Supply) Act, 1948. The Board is also under a statutory mandate to charge price from its customers in such a way that the total revenue received by it in a year is more than its expenditure. Section 59 enjoins the Board to generate profit of at least 3 per cent of the value of the fixed assets of the Board. The State Government may direct the Board to generate even larger profits.
3. Pricing is a matter of policy. It is for the Board and the State to decide the rate at which electricity will be supplied. Under no circumstances, can t
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