S.RAFAT ALAM, SUDHIR AGARWAL
SAHARANPUR ELECTRIC SUPPLY CO. LTD. , DEHRADUN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Hon’ble Sudhir Agarwal, J.—This writ petition arises out of the order and award dated 13th December, 1978 of Special Officer (Electricity) appointed under Section 7-A (6) of The Indian Electricity Act, 1910 (hereinafter referred to as the Act of 1910), as amended vide U.P. Amendment and Validation Act, 1975 (hereinafter referred to as the U.P. Act No.16 of 1975), determining the net amount payable to the petitioner under Section 7-A of the Act of 1910 as a result of purchase of the electrical undertaking of the petitioner by the U.P. State Electricity Board (in short ‘UPSEB’). The petitioner has also challenged the validity of Section 7-A of the Act of 1910 as substituted by U.P. Act No. 16 of 1975 as well as Section 7 of U.P. Act No. 16 of 1975 and has sought a direction to respondents No. 1 and 2 to determine the amount payable to the petitioner afresh in accordance with law.
2. The Indian Electricity Act, 1910 was enacted as a result of the experience gained by Government of India after enactment of Indian Electricity Act, 1903 and the recommendations made by the Committee constituted in this regard to consider the technical and financial aspect of the matter. Section 3 o
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