The Hindu Business Line : HC says no to wind mills' plea for refund of peak hour tariff

The First Bench of the Madras High Court has rejected the relief sought by the 396 wind mill farms in Tamil Nadu by ordering the State Electricity Board not to refund the 20 per cent peak hour charges for power consumed by them, levied since 1977.

The Bench, comprising the Chief Justice, Mr A.P. Shah, and Mr Justice K. Chandru, said that the single judge, who had earlier heard a batch of writ petitions pleading for relief dismissed the same. The single judge had observed: "If wind mill owners can keep quiet for more than five years, and paid the amount without demur, their grievance cannot be looked into in view of the principles of waiver and acquiescence".

Dismissing a similar batch of writ petitions by the association of windmill owners challenging the order of the State Government, the Bench recalled that the single judge had ordered that if owners installed any device through which the amount of power generated during peak hours could be measured and accounted for, such owners should not be called upon to pay the additional duty for use of such power during peak hours.

The Court made it clear that the order (for relief) would become effective only as and when such devices were installed by owners themselves. Until such installation was made, there was no scope to interfere with the order passed by the Government and to issue any direction regarding refund of the amount.

`No legal sanction'

The petitioners argued that the extra tariff levied for peak hour consumption was arbitrary, and it did not have any legal sanction. It was for the TNEB to install new meters to measure the power generated by wind mills.

The Bench said that the order passed by this Court applied even for the present grievance raised by wind mills. They did not see there was any wanton delay on the part of TNEB in implementing the orders of this Court.

On behalf of the Board, it was submitted that obligation to fix meters lay with wind mills only. After necessary calibration, energy generated and consumed by them during peak hours were measured and necessary set off were given to them.

The Bench wondered as to how the petitions were filed despite the order passed by single judge, which had become final. In response to the request of petitioners, it directed the TNEB to supply a statement of account to the petitioners showing arrears of payment to be made towards peak hour charges. On furnishing same, the petitioners shall pay the amount within 4 weeks without raising any further objections.

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