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Electricity Act 2003 – Distribution Franchisee applied by the Central Shopping Mall for its shops – Challenge to the Final assessment order under Section 126- in writ petition – Efficacy of alternate remedy of Section 127

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The Petitioner No.1 Company is operating Shopping Complex and Mall known as City Centre Mall.

Electricity is supplied through single point at the meter in the name of the Company, which provided electricity to various licensees of the said mall and they pay electricity charges as per their usage.

By the Order dated 24.5.2010, the Maharashtra Electricity Regulatory Commission had laid down guidelines for obtaining distribution Franchisee.

The Petitioner No.1 had applied for the said Franchisee through MOU route.  In the spot inspection of Mall on 20.7.2023, it was found that the unit of 1115 KW Solar and 218 submeters at various individual shops were installed.

By the letter dated 27.7.2023, further documents were sought.

By the order dated 7.8.2023, provisional assessment of Rs.22,91,08,410/- under Section 126(2) of the Indian Electricity Act, 2003, was passed by applying HT-II tariff in the commercial category from 16.10.2020.  Moreover, the question whether

The Petitioner No.1 had raised an objection.   After giving hearing, the final assessment order was passed on 6.9.2023 on the ground that there was unauthorised electricity use.

HELD that the final assessment was made after giving an opportunity of being heard and after considering the objections of the Company.  The question whether the Company is entitled to rely on Commercial Circular NO.219 of 28.2.2014 to avoid assessment proceedings is to be considered in the remedy of Section 127 of the Act.  Moreover, where a statutory remedy is available, the extraordinary jurisdiction could be exercised but with circumspection in exceptional cases particularly where cases involve a pure question of law or if the vires of the Act is challenged. Examining the grounds in the present case in the light of law, it was seen that the question of jurisdiction does not arise for consideration in the writ petition.

Judgment dated 22.2.2024 in Writ Petition No.11888 of 2023 of City Centre Mall Pvt Ltd Nashik and another Vs. The State of Maharashtra and others

 

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