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NINALA JAYASURYA
Hindustan Shipyard Ltd. , Rep. by its Senior Manager (Plant Maintenance) – Appellant
Versus
Eastern Power Distribution Company of Andhra Pradesh Ltd. – Respondent
ORDER :
(Ninala Jayasurya, J.) :
The Writ Petition is filed challenging the Provisional Assessment Order dated 19.01.2023 of the 3rd respondent and Final Assessment Order of the 2respondent dated 13.07.2023 on various grounds.
2. The relevant facts of the case as set out in the affidavit filed in support of the writ petition may briefly be stated as follows :
The petitioner is a Government Company wholly owned by the Government of India and under the control of the Ministry of Defence. It is engaged in the construction and repairs of ships and sub-marines vital to the National Security and Defence of India. It is availing electricity supply from the 1st respondent/Distribution Licensee vide Service Connection No.VSP012 with a Contracted Maximum Demand (CMD) of 3500 KVA.
3. The Government of India came out with the National Action Plan for Climate change and the National Solar Mission was one of the flagship programmes. A target of 100 Giga Watts (GW) was declared by the Ministry of New & Renewable Energy, out of which 40 GW was to be achieved by various small rooftop and distributed solar power plants. The Ministry of New & Renewable Energy issued a communication dated 07.01.2015 convey
Unauthorized use of electricity for a purpose other than authorized and in premises other than those for which the supply was authorized constitutes a violation of Section 126 of the Electricity Act ....
The main legal point established in the judgment is that the availability of an alternative remedy under a statute does not by itself operate as a bar for the court to entertain a writ petition under....
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
The main legal point established in the judgment is that the assessment of the bill for unauthorized use was correctly done under Section 126 of the Electricity Act, 2003, and Section 56 of the Act d....
The main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
The court's decision emphasized the authority of the respondent authorities to invoke specific regulations under the Electricity Act and upheld the final assessment order.
Unauthorized use of electricity requires actual consumption beyond contracted load; mere extension of load without use does not constitute violation.
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