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2010 Supreme(Del) 792

S.MURALIDHAR
LALIT GULATI – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent


Advocates Appeared:
Mr. Rajat Wadhwa, Advocate.
Ms. Zubeda Begum and Ms. Sara Ansari, Advocates.

ORDER

1. The challenge in both these writ petitions is to a Notification dated 16th/19th May 2008 issued by the Department of Power, Government of National Capital Territory of Delhi („GNCTD?) in exercise of powers conferred under Section 108 of the Electricity Act, 2003 read with Notification dated 20th February, 2004 issued by the Ministry of Home Affairs, Government of India.

2. By the said impugned Notification, the Lieutenant Governor („LG?) of the NCT of Delhi issued directions, in public interest, to the Delhi Electricity Regulatory Commissioner, as under: “(1) direct the Discoms to write off the principal dues against sale of power during DESU/DVB period in respect of the private electricity consumers and to waive off their late payment surcharge as well pertaining to that period only, except the cases under litigation at any forum and at any level. (2) direct the Discoms not to raise any bill on the private electricity consumers pertaining to sale of power in DESU/DVB period excluding the cases under litigation at any forum at any level. (3) direct the Discoms to implement the above decisions (1) & (2) from the next immediate billing cycle.”

3. The facts in Writ Petition (


























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