VidhiSangh

Supreme Court of India · 15/11/2022

KERALA STATE ELECTRICITY BOARD LTD. & ANR versus RUBFILA INTERNATIONAL LIMITED & ORS.

[2022] 8 S.C.R. 768 · 2022 INSC 1203

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Summary

A Kerala government order of 1992 exempted new industrial units from enhanced power tariff for five years from the start of commercial production. Rubfila started production on 26.03.1995 and received the exemption up to March 2000. It then claimed five years from its later date of energisation, relying on the treatment given to another unit, Patspin. The Kerala High Court allowed the claim and refused to review it, even though the Board had withdrawn Patspin's benefit in 2001. The Supreme Court reversed. Once Patspin's benefit was withdrawn, the claim to parity had no foundation, and that was an error apparent on the record. Article 14 does not support negative equality.

Issues

  1. Whether an industrial unit could claim exemption from enhanced power tariff for five years from the date of energisation, rather than of commercial production, on parity with another unit whose like benefit had since been withdrawn.
  2. Whether the High Court erred in refusing review once the withdrawal of the benefit relied on was brought to its notice.

Provisions considered

Held

Result

Civil Appeal Nos. 8457-8458 of 2022 allowed; the Kerala High Court's judgment dated 22.11.2018 in WA No. 2089 of 2018 and order dated 29.07.2019 in RP No. 506 of 2019 set aside; no costs.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 768.