Chief Elec. Engineer, Govt of Goa v. G.R.Ispat Ltd., (SC) BS197100
SUPREME COURT OF INDIA

Before:- V.N. Khare and Doraiswamy Raju, JJ.

Civil Appeal Nos.. 3206-3217 of 1999. D/d. 13.02.2001

With

CA. Nos. 3218-3220 of 99 and 3221-3225 of 99.

Chief Elec. Engineer, Govt of Goa and others - Appellants

Versus

G.R.Ispat Ltd. and others - Respondents

Electricity - Electricity tariff - Rebate - High Court by impugned judgment has held that circular dated 31.3.1998 issued by Govt. of Goa suspending the release of rebate with immediate effect as well as suspension of rebate agreed to be governed in sixty monthly installments has no legal efficacy, invalid - Further held that notification dated 24th 7.1998 is legal and valid and writ petitioners are entitled to 25% rebate in power tariff till 26th july, 1998 - High Court has taken a balanced view - Not interfered with.

[Paras 1 and 2]

ORDER

1. The High Court by the impugned judgment has held that the circular dated 31st March, 1998 issued by the Government of Goa suspending the release of rebate with immediate effect as well as suspension of rebate agreed to be governed in sixty monthly installments has no legal efficacy and is, therefore, invalid. The High Court has further held that the notification dated 24th July, 1998 is legal and valid. Consequently the High Court directed that the writ petitioners are entitled to 25% rebate in power tariff till 26th July, 1998. This has been challenged by means of the present appeals. Second set of appeals have been filed by the writ petitioners against the judgment of the High Court whereby and where under the High Court has held that notification dated 27th July 1998 is valid.

2. We have heard counsel for the parties and perused the record. The High Court has taken the aforesaid view after taking into consideration overall facts and circumstances and inasmuch as public interest which, according to us, is very balanced view of the matter. We, therefore, are not inclined to interfere with the matters Both the sets of appeals fail and are accordingly dismissed. There shall be no order as to costs.

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