Electricity Laws: Exemption of enhanced power tariff – Benefit of five years exemption to new industrial unit from the date of commercial production or from the date of energisation – Writ petition by the respondent no. 1-industrial unit, wherein the Single Judge of the High Court held that the benefit should be given from the date of energisation on the ground of parity as the Electricity Board has extended the benefit of concession to the other industrial unit from the date of energisation – Division Bench upheld the order of the Single Judge – Thereafter, the order in the case of the other industrial unit was withdrawn by the Board – Review petition filed on this ground but it was dismissed holding that withdrawal of order itself would not efface the finding of the judgment – On appeal, held: The High Court’s holding that withdrawal of exemption in the case of the other industrial unit will not efface the finding recorded in the judgment, is not good and is not sustainable in law – Withdrawal of exemption in the case of the other industrial unit remained unchallenged and this being an error apparent on the face of record – What being prayed for is something which does not emerge/contemplate from the Government order and after the order has been withdrawn in the case of the other industrial unit with whom parity was claimed by order of the Electricity Board, no negative equality would have been claimed by the respondent taking aid of Art. 14 of the Constitution – Thus, the impugned judgment followed with order passed by the High Court in the review petition, set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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