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Himachal Pradesh State Electricity Regulatory Commission Vs. Himachal Pradesh State Electricity Board [03/10/13]

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[Civil Appeal No. 6128 of 2009]. [Civil Appeal No. 6129 of 2009]. These appeals, by special leave, are directed against the common Judgment and order dated 21.11.2007 passed by the High Court of Himachal Pradesh in FAOs (Ord.) Nos. 489, 490, 491, 492, 493 & 494 of 2002 whereby the learned Single Judge overturned the decision dated 17.08.2002 rendered by the Himachal Pradesh State Electricity Regulatory Commission (for short, "the Commission") constituted under the provisions of Chapter IV of Electricity Regulatory Commission Act, 1998 (hereinafter referred to as "the 1998 Act"). The controversy that has emerged for consideration being common to all the appeals, we shall adumbrate the facts from Civil Appeal No. 6128 of 2009 for the sake of convenience. The facts requisite to be stated are that the Commission was established for rationalization of electricity tariff, transparent policies regarding subsidies, promotions of efficient and environmentally benign policies and for matters connected therewith or incidental thereto. In exercise of the power conferred on it under Sections 22 and 29 of the 1998 Act the Commission vide order dated 29.10.2001 determined the tariff applicable for electricity in the State of Himachal Pradesh.

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