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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
General Manager, Rosekandy Tea Estate – Appellant
Versus
State Of Assam And Ors. Represented By The Commissioner And Secretary To The Government Of Assam, Department Of Power – Respondent
| Table of Content |
|---|
| 1. established terms of agreements and electrical load specifications. (Para 4 , 5 , 6 , 7 , 9) |
| 2. overview of provisional billing and appeal process. (Para 10 , 11 , 12 , 13) |
| 3. arguments about unauthorized load and its assessment. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 4. analysis of load violations and applicable regulatory definitions. (Para 23 , 24 , 25 , 35 , 36 , 39) |
| 5. decision regarding the computation period for unauthorized load. (Para 40 , 42 , 44) |
| 6. conclusion and directives regarding reassessment process. (Para 47) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. M. Saikia, the learned counsel appearing on behalf of the Petitioner in both the writ petitions and Mr. B. Chowdhury, the learned Standing counsel appearing on behalf of the Respondents in both the writ petitions.
2. Both the writ petitions are interrelated and as such taken up for disposal by this common judgment and order.
PREFACE:
3. The Petitioner has assailed the order passed by the learned Appellate Authority dated 08.12.2023 in Appeal No.4/2023 in WP(C) No.81/2024. The reassessment bill so prepared in pursuance to the order passed by the learned Appellate Authority dated 08.12.2023 in Appeal No.4/2023 i.e. t
The assessment for unauthorized electricity use must be grounded in factual inspections and regulatory definitions, adjusting the calculation period accordingly.
Unauthorized use of electricity under Section 126 requires actual consumption beyond authorized load; mere extension of load without use does not qualify.
Unauthorized use of electricity requires actual consumption beyond contracted load; mere extension of load without use does not constitute violation.
The assessment of unauthorized electricity use necessitates adherence to connected load guidelines, with special consideration given to meter tampering issues under Section 126 of the Electricity Act....
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 ....
Electricity consumption exceeding sanctioned load constitutes unauthorized use, justifying charges without requiring a reclassification application from the consumer under applicable tariff provision....
Electricity - On a reading of Section 126 of the Act, 2003 and Regulation 27A, it is clear that a clear cut procedure is prescribed for dealing with unauthorised load, and merely because the Billing ....
The court held that excess connected load constitutes unauthorised use of electricity, but the Appellate Authority cannot enhance demands without a challenge from the original authority and notifying....
The court established that the burden of proof lies on the consumer to demonstrate the actual period of unauthorized electricity use to challenge assessments under Section 126(5).
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