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[Cites 1, Cited by 16]

Himachal Pradesh High Court

M/S Kundlas Loh Udyog vs . Hpseb & Anr. on 19 April, 2022

Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia

M/s Kundlas Loh Udyog Vs. HPSEB & Anr.

CWP No. 1018/2022

19.04.2022 Present: Mr. Shrawan Dogra, Sr. Advocate with Mr. .

Manik Sethi, Advocate, for the petitioner.

Mr. Vikrant Thakur, Advocate, for respondent No. 1.

Mr. Ashok Sharma, Advocate General with Mr. Rajinder Dogra, Sr. Addl. AG, Mr. Vinod Thakur and Mr. Shiv Pal Manhans, Addl. AGs, Mr. Bhupinder Thakur and Mr. Yudhvir Singh Thakur, Dy. AGs and Mr. Rajat Chauhan, Law Officer, for respondent No. 2.

rCWP No. 1018/2022

The instant petition has been filed for the grant of following substantive reliefs:

"(i) That the condition No. 4 of the Single Window Clearance System to the extent it puts obligation of establishing 132 KV line.
(ii) That the tables under provision 2.1.6.1 (A) & 2.1.6.1 (B) of the Supply Code, 2009, to the extent they justify the demand of the respondent No. 1 may be declared ultravires as being without application of mind, arbitrary and unreasonable."

It would be noticed that respondent No. 1 with the reply has appended a copy of letter dated 09.03.2022 (Annexure R­7), wherein the respondents have acceded to the request of the petitioner for grant of additional load, provided the petitioner deposit Infrastructural Development Charges (IDC) at the rate Rs. 1,000/­ per KVA amounting to Rs. 26,00,000/­ only and in addition thereto certain other conditions were imposed.

Learned counsel for the petitioner on the basis of instructions submits that IDC charges have now been drastically reduced from Rs. 1,000/­ per KVA to Rs. 200/­ per KVA.

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...2...

If that be so, obviously the respondents are .

required to obtain fresh instructions. Let needful be done within a week. List for consideration on 26.04.2022.

Rejoinder, if any, be also filed in the meanwhile.

CMP No. 3235/2022

For the reasons stated in the application, the same is allowed and "prayer A" in the pleadings is ordered to be corrected by adding "may be quashed". The Registry to carry out necessary correction in the petition. The application stands disposed of.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 19th April, 2022 (raman) ::: Downloaded on - 20/04/2022 20:06:22 :::CIS