Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 3757 (ALL)

Bharat Jhunjhunwala [P. I. L. ] v. State of U. P. Thru. Prin. Secy. Power

2014-12-16

D.Y.CHANDRACHUD, MANOJ MISRA

body2014
JUDGMENT Manoj Misra, J. In a petition purportedly filed in public interest, the petitioner has sought an order of injunction restraining the third respondent, which is the Uttar Pradesh Electricity Regulatory Commission from giving effect to a notice dated 25 November 2014, fixing a public hearing on 16 December 2014. The petitioner seeks a direction for being furnished a copy of the report of the Prudent Check Committee before conducting a public hearing. 2. The petitioner had filed a petition (Misc Bench No 2535 of 2014) which was disposed of by a Division Bench of this Court on 31 March 2014. The Division Bench observed that in the event that the fourth respondent, Alaknanda Hydro Power Company Limited makes any application before the U P Electricity Regulatory Commission for determination of the tariff for supply of electricity to the second respondent, the petitioner would be furnished an appropriate and adequate opportunity for making his suggestions and raising objections under Section 64 (3) of the Electricity Act 2003 and any other enabling law. 3. The petitioner then filed a petition before the U P Electricity Regulatory Commission (Petition No 974 of 2014) which was disposed of on 17 November 2014. The Commission was of the view that since the petitioner would have an adequate and appropriate opportunity for making his suggestions during the course of public hearing, there was no reason to entertain the petition at that stage. In fact, the petitioner did not object to this course of action and only requested that his pleas should be considered at the time of the hearing of the petition filed by the fourth respondent. In that view of the matter, the Commission observed as follows: “The Commission opined that in view of above, present petition may be considered as disposed of as Sri Jhunjhunwala has already been given opportunity for being present during the presentation of the report and provided the copies of the report. Sri Jhunjhunwala did not object but requested to consider his plea at the time of hearing of petition nos 881 of 2013 & 952 of 2014 filed by Alaknanda Hydro Power Co Ltd in the matters of additional loan and provisional tariff. This opportunity in any case is available to him at the time of public hearing.” 4. Sri Jhunjhunwala did not object but requested to consider his plea at the time of hearing of petition nos 881 of 2013 & 952 of 2014 filed by Alaknanda Hydro Power Co Ltd in the matters of additional loan and provisional tariff. This opportunity in any case is available to him at the time of public hearing.” 4. The U P Electricity Regulatory Commission addressed a communication dated 26 November 2014 enclosing a copy of a notice dated 25 November 2014 fixing a public hearing on 16 December 2014 and the Court has been informed that the hearing is underway. 5. Section 64 (3) of the Electricity Act 2003 requires the appropriate Commission, upon receipt of an application under sub-section (1), to consider all suggestions and objections received from the public for the determination of the tariff under Section 62. All the objections and suggestions will be addressed before and considered by the Commission. 6. In this view of the matter and having due regard to the provisions of Section 64 (3) of the Electricity Act 2003, we see no reason to entertain the petition. The petition is evidently premature and cannot at this stage be entertained. The petition is, accordingly, dismissed. There shall be no order as to costs.