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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, J.
Auto Diecasting Company, Repd.by its Managing Director K. Viswanathan, Coimbatore - Appellant
Versus
Tamil Nadu Generation & Distribution Corporation Limited (Tangedco), Represented by its Chairman & Managing Director, Chennai & Others - Respondent
W.P. No. 16115 of 2015 & M.P. Nos. 1 & 2 of 2015
Decided On : 26-08-2022
Harmonics - Electricity Regulations - Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 - Summary of Acts and Sections: The court discussed the applicability of the CEA Regulations to consumers connected at different voltage levels, emphasizing the definitions of 'User' and 'Requester' under the Regulations, and the authority of the CEA to specify Grid Standards. The court also considered the provisions of the Electricity Act, 2003, and the Tamil Nadu Electricity Supply Code, highlighting the absence of specified standards for harmonics for consumers connected at 11kv/22kv supply lines. The judgment quashed the impugned demands based on the above legal analysis.
Fact of the Case:
The petitioner sought relief from the impugned letter demanding charges and compensation for harmonics dumping, arguing that the CEA Regulations did not apply to consumers drawing power below 33 kV.
Finding of the Court:
The court found that the CEA Regulations were applicable only to consumers connected at 33kv and above, and the absence of specified standards for harmonics for consumers connected at 11kv/22kv supply lines rendered the impugned demands invalid.
Issues: The main issue was the applicability of the CEA Regulations to consumers drawing power below 33 kV and the validity of the impugned demands for harmonics dumping charges and compensation.
Ratio Decidendi: The court relied on the definitions of 'User' and 'Requester' under the CEA Regulations, the authority of the CEA to specify Grid Standards, and the absence of specified standards for harmonics for consumers connected at 11kv/22kv supply lines to quash the impugned demands.
Final Decision: The writ petition was allowed, and the impugned demands were quashed. No costs were awarded, and connected miscellaneous petitions were closed.
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 2nd respondent culminating in the impugned letter bearing No.Lr.SE/ CEDC/ M/CBE/AEE.GL/AE/F.Harmonics/ D.No.334/1445 dated 11.03.2015, quash the same and forbear the 1st and 2nd Respondents, their men, officers, agents, servants, representatives and/or any one claiming through or under them and/or or any other person from in any manner insisting on harmonic control and levying, demanding and/or collecting charges and compensation for harmonics dumping from the Petitioner for their HT SC No.270 either through the CC Bills or in any other manner who is connected with 11 kV supply line.)
1. The writ petition is filed praying for a Writ of Certiorarified mandamus calling for the records of the 2nd respondent culminating in the impugned letter bearing No.Lr.SE/ CEDC/ M/ CBE/ AEE.GL/ AE/ F.Harmonics/ D.No.334/1445 dated 11.03.2015, quash the same and forbear the 1st and 2nd Respondents, their men, officers, agents, servants, representatives and/or any one claiming through or under them and/or or any other person from in any manner insisting on harmonic control and levying, demanding and/or collecting charges and compensation for harmonics dumping from the Petitioner for their HT SC No.270 either through the CC Bills or in any other manner who is connected with 11 kV supply line.
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 pass the following orders, 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 sh
AI
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 Central Electricity Authority (CEA) Regulations, 2007, and the Electricity Act, 2003, only apply to consumers connected to the grid at vol....
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, specifically Part IV, are applicable only to consumers connected at 33kv or above, and no....
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....
The central legal point established in the judgment is that compensation charges for harmonics dumping can only be imposed after a subsequent inspection and measurement as required by Clause 6.1(ii) ....
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