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1990 Supreme(Del) 116

B.N.KIRPAL
GULAB RAI – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
A.K.NIGAM, ARUN JAITLEY, KAPIL SIBAL, MADAN BHATIA, MUKUL ROHTAGI, VINAY BHASIN

B. N. KIRPAL, J.

( 1 ) THE challenge in this bunch of writ petitions, which are being decided by this common judgment, is to the resolution of the Municipal Corporation of Delhi whereby it approved the proposal of the Delhi Electric supply Committee to enhance minimum consumption guarantee charges from Rs. 40 per KVA to Rs. 340 per KVA in respect of Arc/induction furnaces.

( 2 ) THE petitioners have set up/installed furnaces for the manufacture of castings and have their factories m Delhi. These furnaces have been set up after having obtained valid licences from the respondent-Corporation for the manufacture of castings.

( 3 ) ONE of the important raw-materials for the petitioners is electricity. Each of the petitioner has obtained electricity from the respondents and the sanctioned load is more than 100 KWS. The exact sanctioned load varies, depending upon the size and capacity of the furnaces set up by the different petitionters, but each one of them has a sanctioned load of more than 100 KWS.

( 4 ) ACCORDING to the petitioners, section 283 of the Delhi Municipal Corporation Act, 1957, hereinafter referred to as "the Corporation Act , empowers the respondent No. I to levy charge
























































































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