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february 1968

Supreme Court of India · 1968-02-23

WESTERN U.P. ELECTRIC POWER AND SUPPLY CO. LTD. vs STATE OF U.P. & ORS.

Citation / case number
SC 1967/68
Court
Supreme Court of India
Petitioner
WESTERN U.P. ELECTRIC POWER AND SUPPLY CO. LTD.
Respondent
STATE OF U.P. & ORS.
Author
WANCHOO, K.N. (),SIKRI, S.M.,SHELATM.,BHARGAVA, VISHISHTHA,VAIDYIALINGAM, C.A.
Bench
WANCHOO, K.N. (CJ),SIKRI, S.M.,SHELAT, J.M.,BHARGAVA, VISHISHTHA,VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that the notification directing the Electricity Board to supply energy directly to the 3rd respondent was discriminatory, violating the rights of the petitioner company under its license and Section 3(2)(e) of the Indian Electricity Act, 1910. The Court emphasized that the Board could not supply energy at lower rates to the 3rd respondent without fulfilling the necessary conditions of a scheme or public interest authorization. The notification was thus invalidated as it breached the petitioner company's rights and created unfair competition among consumers.

WESTERN U.P. ELECTRIC POWER AND SUPPLY CO. LTD. vs STATE OF U.P. & ORS. · Niyam