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 kV and above, and the CEA's declaration of harmonic distortion levels is crucial for imposing harmonic compensation charges.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent culminating in the High Tension Bill dated 30.09.2014 for its HT SC No.1824, quash the same insofar as it levies a sum of Rs.11,87,417/- towards harmonic compensation charges and covered in Serial No.19 of the said Bill and consequently forbear the 1st and 2nd respondents, their men, officers, agents, servants, representatives and/or any one claiming through or under them and/or any other person from in any manner levying, demanding and/or collecting harmonic compensation charges for harmonic dumping from the petitioner for their HT SC No.1824 either through the monthly High Tension Bills or in any other manner, till such time that the Hon'ble Central Electricity Regulatory Commission (CERC) clarifies the issue in Miscellaneous Application No.126 of 2014 pending before it and in any event prior to the expiry of the 3 month period ending on 14.10.2014.)

1. The writ petition is filed praying for a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent culminating in the High Tension Bill dated 30.09.2014 and quash the same.

2. The petitioner is connected to 22 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