VidhiSangh

Supreme Court of India · 15/02/2018

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.V. THE APPELLATE AUTHORITY & ANR. versus THE APPELLATE AUTHORITY & ANR.

[2018] 2 S.C.R. 537 · 2018 INSC 144

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Summary

The Supreme Court upheld remand of electricity assessments for compliance with Sections 126 and 127 of the Electricity Act, 2003. The relevant inspection occurred after the Act commenced, and the consumer could appeal the Section 126 demand under Section 127. Monetary assessment for unauthorised use and criminal proceedings for theft were independent remedies, available according to their respective requirements. Consequential assessment orders were directed within three months.

Issues

  1. Whether the 2003 Act and its assessment appeal applied to the post-commencement inspection.
  2. Whether the assessment remand should be disturbed and how assessment and theft remedies related.

Held

Result

Board’s appeals dismissed subject to the observations. Authorities directed to comply with the High Court’s remand and pass consequential Section 126 orders within three months from the Supreme Court’s order.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 537.