GAHC010003082024

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/81/2024

THE GENERAL MANAGER, ROSEKANDY TEA ESTATE

P.O.-BARJALINGA, CACHAR, ASSAM, PIN-788117

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, DEPARTMENT OF POWER, DISPUR,

GUWAHATI, ASSAM, PIN-781006

2:CHAIRMAN

ASSAM POWER DISTRIBUTION COMPANY LIMITED

BIJULI BHABAN PALTAN BAZAR

GUWAHATI

ASSAM

PIN-781008

3:CHIEF EXECUTIVE OFFICER

ASSAM POWER DISTRIBUTION COMPANY LIMITED

CACHAR ELECTRICAL CIRCLE

SILCHAR

ASSAM

PIN-788115

4:ASSISTANT GENERAL MANAGER

TESTING AND COMMISSIONING DIVISION

ASSAM POWER DISTRIBUTION COMPANY LIMITED

CACHAR

MEHERPUR

SILCHAR-788115

5:ASSESSING OFFICER CUM ASSISTANT GENERAL MANAGER INDUSTRIAL REVENUE COLLECTION AREA CACHAR ASSAM POWER DISTRIBUTION COMPANY LIMITED BADARPUR KARIMGANJ-788806

6:THE SENIOR ELECTRICAL INSPECTOR BIRBAL BAZAR SILCHAR ASSAM

78801 Advocate for the Petitioner : MR. M SAIKIA, Advocate for the Respondent : SC, APDCL, GA, ASSAM Linked Case : WP(C)/646/2024 THE GENERAL MANAGER ROSEKANDY TEA ESTATE P.O. BARJALINGA KACHAR ASSAM PIN- 788117 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF POWER DISPUR GUWAHATI ASSAM PIN- 781006

2:CHAIRMAN ASSAM POWER DISTRIBUTION COMPANY LIMITED BIJULI BHABAN PALTAN BAZAR GUWAHATI ASSAM PIN- 781008

3:CHIEF EXECUTIVE OFFICER ASSAM POWER DISTRIBUTION COMPANY LIMITED CACHAR ELECTRICAL CIRCLE SILCHAR ASSAM PIN- 788115

4:ASSESSING OFFICER CUM-ASSISTANT GENERAL MANAGER INDUSTRIAL REVENUE COLLECTION AREA CACHAR ASSAM POWER DISTRIBUTION COMPANY LIMITED BADARPUR KARIMGANJ- 788806

5:ASSISTANT GENERAL MANAGER INDUSTRIAL REVENUE COLLECTION AREA CACHAR DIVISION ASSAM POWER DISTRIBUTION COMPANY LIMITED SILCHAR CACHAR- 788115

6:ACCOUNT OFFICER INDUSTRIAL REVENUE COLLECTION DIVISION CACHAR DIVISION ASSAM POWER DISTRIBUTION COMPANY LIMITED SILCHAR CACHAR- 788115 ------------

For the Petitioner(s) : Mr. M. Saikia, Advocate For the Respondent(s) : Mr. B. Choudhury, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

04.12.2025 Date :

Heard Mr. M. Saikia, the learned counsel appearing on behalf of the petitioner. Mr. B. Choudhury, the learned Standing Counsel appears on behalf of the respondent APDCL.

2. This Court has duly taken note of the additional affidavit filed by the APDCL as well as the reply thereto filed by the petitioner.

3. Upon hearing the matter, it appears that both the parties are in agreement that for the purpose of arriving at the demand charge in cases of excess/unauthorized load, the provision of Regulation 7.2.4.2(iii)1 of the Assam Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2017 (hereinafter referred to as, “the Supply Code”) would be applicable. Taking into account the same, the said provision is reproduced herein under:

“1) Demand charge in case of excess/unauthorized load Assessed Demand charge = 2X{CXBXN}-D (in Rupees)

Where, ‘A’- denotes the authorized load as per agreement.

‘B’- denotes the total connected load detected at the time of inspection.

‘C’- denotes demand charge applicable on the detected load as per tariff in force.

‘N’- Number of months, duly taking account of fraction of a month.

‘D’- Demand charge if any paid for the disputed period on ‘A’.”

4. From a perusal of the formula mentioned for arriving at the assessed demand charge in cases of excess/unauthorized load, it is seen that various variables have to be taken into consideration. These include the determination of the total connected load detected at the time of inspection, which has to be multiplied with the tariff in force on the detected load, and further multiplied by the “number of months, duly taking account of the fraction of a month”.

5. This Court during the course of the hearing enquired with the learned Standing Counsel for the APDCL regarding the implication of the numerical ‘N’ in the said formula, inasmuch as it