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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, J.
M/s.Kanishk Steel Industries Ltd., Rep. by its Director, Ashok Bohra, Chennai - Appellant
Versus
The Chairman and Managing Director, Chennai & Another - Respondent
W.P. No. 29125 of 2014 & M.P. No. 1 of 2014
Decided On : 24-06-2022
Writ Petition - CEA Regulations - Part IV of CEA Regulations, 2007 - The judgment discussed the applicability of the Central Electricity Authority (CEA) Regulations, 2007, specifically Part IV, to consumers connected at different voltage levels. The court analyzed the definitions of 'User' and 'Requester' under the CEA Regulations, the provisions of the Electricity Act, 2003, and the communications from the Central Electricity Authority, New Delhi, to conclude that the regulations are applicable only to consumers connected at 33kv or above, and not to those connected at 11kv/22kv supply lines.
Fact of the Case:
The writ petition was filed to quash a demand notice for other adjustment charges in a bill issued by the respondent. The petitioner argued that the CEA Regulations, specifically Part IV, were not applicable to consumers connected at 11kv/22kv supply lines.
Finding of the Court:
The court found that the CEA Regulations, particularly Part IV, were not applicable to consumers connected at 11kv/22kv supply lines, based on the definitions of 'User' and 'Requester' under the CEA Regulations, the provisions of the Electricity Act, 2003, and communications from the Central Electricity Authority, New Delhi.
Issues: The main issue was the applicability of the CEA Regulations, specifically Part IV, to consumers connected at 11kv/22kv supply lines.
Ratio Decidendi: The court relied on the definitions of 'User' and 'Requester' under the CEA Regulations, the provisions of the Electricity Act, 2003, and communications from the Central Electricity Authority, New Delhi, to establish that the regulations were applicable only to consumers connected at 33kv or above.
Final Decision: The court allowed the writ petition, set aside the impugned demand notice, and closed the connected miscellaneous petitions.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of the 2nd respondent in Bill No.1501 dated 31.10.2014 containing Item No.14 demanding a sum of Rs.12,62,320/- as other adjustment charges and quash the same as illegal, arbitrary and untenable under law and against the CEA Regulations 2007, the Supply Code 2004 and Tariff Order dated 20.06.2013.)
1. The writ petition is filed praying for a Writ of Certiorari calling for the records of the 2nd respondent in Bill No.1501 dated 31.10.2014 containing Item No.14 demanding a sum of Rs.12,62,320/- as other adjustment charges and quash the same.
2. The petitioner is connected to 11 kV load level. It is thus submitted that Part IV of Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 [hereinafter referred to as "CEA Regulation"] is not applicable, for the same would apply only to consumers availing supply at voltage of 33 kV or above and not to consumers drawing power below 33 kV.
3. The learned counsel for the petitioner and the respondents in unison submitted that the issue raised in the present writ petition stands covered by the judgment of this Court in W.P.No.25 of 2015 [M/s.S.Palaniyandi Mudaliar Memorial Hospital vs. TANGEDCO] dated 05.06.2017, wherein this Court was pleased to issue the following order, the relevant portions of which is extracted hereunder:
"24. In view of the above, since the harmonics have several undesirable effects and affects power quality, on 21.02.2007, the Central Electricity Authority (CEA) introduced a new Regulation and accordingly, its Technical Standards for Connectivity to the Grid Regulations, 2007, came for enforcement. Applicability of the Regulations is provided in Regulation 3, which reads as under:
3. Applicability of the Regulations These Regulations shall be applicable to all the users, requesters, Central Transmission Utility and State Transmission Utility.
It is clear from the above that the said Regulation is applicable only to four categories, namely, Users, Requesters, Central Transmission Utility and State Transmission Utility.
25. In this context, let me find out the meaning given under the CEA Regulations, 2007, for Users and Requesters. Section 2(34) defines the meaning of User, which is given as under:~
2(34)-- User means a person such as, a Generating Company including captive generating plant or Transmission Licensee (other than the Central Transmission Utility and State Transmission Utility) or Distribution Licensee or Bulk Consumer, whose electrical plant is connected to the grid at voltage level 33kv and above.
Section 2(25) defines the meaning of "Requester", which is given as under:~
2(25)~~ Requester means a person, such as a Generating Company including captive generating plant or Transmission Licensee (excluding Central Transmission Utility and State Transmission Utility) or Distribution Licensee or Bulk Consumer, who is seeking connection of his new or expanded electrical plant to the Grid at voltage level 33kv and above.
A conjoint reading of the above said provisions show that a person such as, Generating Company including captive generating plant or Transmission Licensee or Distribution Licensee or Bulk Consumer, whose electrical plant is connected to the grid at voltage level 33 kv and above. Therefore, it is clear that the above said Regulations are applicable to only those consumers whose electrical plant is connected to the Grid at the voltage level of 33kv and above, hence, the petitioners, who are connected to the Grid at voltage level of 11kv/22kv supply lines, cannot be made applicable under the said Regulations.
26. Again, to be more clear, it is also pertinent to refer to Section 34 of the Electricity Act, 2003, dealing with the Grid Standards, which is given as under:~
34. Grid Standards. -- Every transmission licensee shall comply with such t
AI
The main legal point established in the judgment is that the Central Electricity Authority (CEA) Regulations, specifically Part IV, are applicable only to consumers connected at 33kv or above, and no....
The main legal point established in the judgment is the interpretation of the Central Electricity Authority Regulations and their applicability to consumers at different voltage levels.
The main legal point established in the judgment is that the Central Electricity Authority (CEA) Regulations, 2007, and the Electricity Act, 2003, only apply to consumers connected to the grid at vol....
The central legal point established in the judgment is the limited applicability of the CEA Regulations to consumers connected at 33kv and above, and the absence of specified standards for harmonics ....
The main legal point established in the judgment is that the CEA Regulations, 2007, and Section 34 of the Electricity Act, 2003, apply only to consumers connected to the grid at a voltage level of 33....
Point of Law : Section 61 of Electricity Act, 2003 deals with tariff regulations and it empowers Regulatory Commission to specify terms and conditions for determination of tariff.
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