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SABYASACHI BHATTACHARYYA
Macneill Engineering Ltd. – Appellant
Versus
West Bengal State Electricity Distribution Company Ltd. – Respondent
JUDGMENT :
(Sabyasachi Bhattacharyya, J.) :
1. The petitioner has preferred a challenge to the vires of Sections 126 and 135 of the Electricity Act, 2003 (hereinafter referred to as “the 2003 Act”). The other reliefs sought are entirely consequential to the same, primarily seeking a quashing of the FIR lodged in connection with the steps taken by the respondent no. 1, West Bengal State Electricity Distribution Company Limited (WBSEDCL) pursuant to the said provisions.
2. Learned counsel for the petitioner argues that Section 45 of the 2003 Act provides for the levy of electricity charges, which includes the actual charges for supply, a fixed charge in addition to the charge and rent or other charges in respect of electric meter or electrical plant provided by the Distribution Licensee. The said Section permits the Distribution Licensee to charge “prices” in accordance with such tariff as fixed from time to time fixed and conditions of the licence.
3. Section 126 starts with the heading “Assessment” and envisages computation of actual electricity charges, which is a compulsory money exaction from the citizen on actuals. While Section 45 contemplates the actual consumption of electri
Sections 126 and 135 of the Electricity Act, 2003 are constitutionally valid, providing distinct frameworks for civil assessments and criminal penalties for unauthorized use and theft of electricity.
The main legal point established is that the CESC Limited acted within its jurisdiction in conducting parallel proceedings under Sections 126 and 135 of the Electricity Act, 2003, and the petitioner'....
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
Civil liability for unauthorized electricity use is distinct from criminal liability for theft, and an acquittal in criminal proceedings does not negate the obligation to pay assessed charges.
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.
Unauthorized use of electricity includes misuse or malpractices while using electricity, and the assessing officer is legally bound to pass a final assessment order after considering objections.
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