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PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
EDCONS(MKS) Castings Pvt. Ltd. – Appellant
Versus
West Bengal State Electricity Board – Respondent
| Table of Content |
|---|
| 1. eligibility for energy tariff concessions. (Para 1 , 2 , 6 , 8 , 9 , 10 , 12 , 13) |
| 2. background on power supply application process. (Para 3 , 4 , 5 , 7 , 11) |
| 3. challenge to board's withdrawal of concession. (Para 14 , 16) |
| 4. court's analysis of board's justification. (Para 18 , 19 , 20 , 21) |
| 5. court's ruling on power tariff concession. (Para 22 , 23 , 24) |
JUDGMENT :
1. This Civil Appeal is against the judgment and order of the Division Bench of the High Court of Calcutta1[A.P.O.T. No. 519 of 2010 dated 19.05.2011], confirming the order of the Single Judge2[W.P. No. 1131 of 2002 dated 10.08.2010] dismissing the writ petition filed by the appellant challenging the arbitrary action of the West Bengal State Electricity Board3[Hereinafter referred to as the ‘Board’] withdrawing the concessional rate of power supply under Agreement dated 18.01.1999.
2. Facts, to the extent they are relevant for our purpose are that the respondent Board issued a notification dated 18.10.1996 revising the tariff applicable. The notification also provided concessional tariff to new and expanding industries as well as sick and closed industries being re-opened. The relevant provisions of the
The Electricity Board cannot withdraw promised concessions before the statutory period lapses, regardless of policy changes.
Industrial Policy – Electricity Incentives – Date of energisation has been considered to be touchstone for granting exemption from enhanced power tariff.
New industries qualifying for tariff concessions can take machinery on lease without losing eligibility, provided they make new investments in non-metropolitan areas.
The principle of promissory estoppel prevents the Electricity Board from withdrawing a promised rebate to new industries before the guaranteed period expires, despite contractual agreements allowing ....
The appellant, despite arguing separate legal identity, failed to establish independence from a related enterprise; provisional concessions can be revoked without prior notice when terms are violated....
The court upheld the Electricity Board's right to charge a minimum demand despite circumstances limiting actual consumption, affirming the principles of reasonableness and fairness under statutory ob....
The court emphasized the importance of adhering to the dispute resolution mechanism agreed upon in the contract and exercised judicial restraint in not adjudicating disputed facts when there is a des....
Administrative orders regarding financial concessions must be interpreted prospectively, and the doctrine of promissory estoppel applies to state actions restricting previously established benefits.
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