The Supreme Court has admitted a petition filed by the Delhi Development Authority (DDA) challenging the order of the Appellate Tribunal for Electricity that asked it to share 50% development charges for electrification with its distribution licensees or discoms.
A Bench headed by Chief Justice SH Kapadia while admitting the petition also issued notice to Delhi Electricity Regulatory Commission (DERC), BSES Rajdhani Power, BSES Yamuna Power and North India Power Ltd.
DDA said that under the Electricity Act 2003, the discoms are bound to lay down the necessary infrastructure at their own cost for conveyance and transmission of power in their areas of operation and instead they can collect such developmental cost from the consumers in regular tariff.
The civic body also argued that it was not liable to make any such payment as it is not a consumer of electricity and as such no demand can by made to it.
The discoms are seeking sharing of electrification costs of works of upto 11KV capacity within the areas developed by the DDA. The discoms are claiming 50:50 share with the DDA on the basis of certain past practices between the latter and the erstwhile Delhi Vidyut Board (DVB).
According to the petition, the past practice of sharing 50% of the electrification charges was in pursuance of the agreement existing between the civic body and DVB. ??The present discoms to whom the management control had been transferred being private parties are no longer government entities, and, therefore, the past practice will not apply to the parties in the present case,?? it stated.
The state commission had fixed the price and framed regulations which mandated the sharing of the cost of providing electricity in 50:50 ratio.