The Hindu : Karnataka / Bangalore News : KERC told to reconsider issues raised by ESCOMs

Online edition of India's National Newspaper
Friday, Dec 23, 2005

Karnataka

Karnataka - Bangalore

KERC told to reconsider issues raised by ESCOMs

Staff Reporter

BANGALORE: The Karnataka High Court has asked the Karnataka Electricity Regulatory Commission (KERC) to reconsider within a month the issues raised by electricity supply companies (ESCOMs) and hold a public hearing before increasing the tariff as sought by power utilities.

Karnataka Power Transmission Corporation Ltd. (KPTCL) and four electricity supply companies — BESCOM, HESCOM, GESCOM and MESCOM — had challenged the KERC order of December 15, 2003, on the tariff structure.

In its order, the KERC had rejected the request of the power companies to determine the tariff after considering the fixed amount to be paid to Thannir Bhavi Power Company Ltd. (TBPCL).

There was a dispute between KPTCL and TBPCL on the payment of fixed charges and it had been referred to arbitration. The arbitrators had said KPTCL was liable to pay and this had not been challenged. Later, KPTCL had made an application to KERC urging it to increase the tariff.

KPTCL and the four companies contended that KERC had not considered their request while determining the increase in tariff. KERC said it had not considered the payment to TBPCL as it was not in the interest of the consumers.

A Division Bench comprising Justice R. Gururajan and Justice C. Kumarawamy set aside the KERC order. Though it did not express any opinion on the issue, it asked KERC to consider both the law and the facts and give wide publicity for conducting a public hearing while reconsidering the issue.

Dismissed

A Division Bench comprising Chief Justice (Acting) B. Padmaraj and Justice V. Jagannathan dismissed as withdrawn two petitions by residents of Koramangala challenging the action of the Bangalore Mahanagara Palike in asking them to remove deviations in their buildings.

The petitioners said they wanted to withdraw the petition as they intended to move the Karnataka Appellate Tribunal against the BMP action.

The same Bench reserved for orders a petition by Pramod Kumar challenging the action of the BMP in exercising powers under Section 321 of the Karnataka Municipal Council (KMC) Act.

The petitioner also challenged the issue of notice dated October 29, 2005, saying that he did not possess a sanctioned plan for the construction of his building in Jakkasandra, Koramangala.

The BMP contended that the petitioner had taken more than a month to reply to the preliminary notice issued to him and that it had not taken any arbitrary action.

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