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february 1985

Supreme Court of India · 1985-02-08

U.P. STATE ELECTRICITY BOARD. LUCKNOW & ORS. vs CITY BOARD, MUSSOORIE & ORS. ETC. (AND VICE VERSA)

Citation / case number
SC 1974/60439
Court
Supreme Court of India
Petitioner
U.P. STATE ELECTRICITY BOARD. LUCKNOW & ORS.
Respondent
CITY BOARD, MUSSOORIE & ORS. ETC. (AND VICE VERSA)
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that Section 46 of the Electricity (Supply) Act, 1948 allows for the fixing of a Grid Tariff by the Electricity Board, and that the absence of regulations under Section 79(h) does not render the tariff void or arbitrary. The Court clarified that while regulations are to be made, they are not a condition precedent for fixing the Grid Tariff. The appeal by the City Board was dismissed, affirming the legality of the tariff fixed by the Electricity Board.

U.P. STATE ELECTRICITY BOARD. LUCKNOW & ORS. vs CITY BOARD, MUSSOORIE & ORS. ETC. (AND VICE VERSA) · Niyam