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1968 (7) TMI 78 - SC - Indian LawsWhether ss. 3 and 4 are in conflict with cl. 12 of the Schedule of the Electricity Act ? Held that:- We see no conflict between cl. 12 of the Schedule in the Electricity Act and ss. 3 and 4 of the Bombay Act. Clause 12 prescribes a procedure for settling the price of electricity supplied by the licensee for street lighting. It merely lays down the machinery for settling the price if there is dispute between the contracting parties. That clause does not fix the price to be paid or even the maximum price payable. We fail to see how that clause takes away the power from the State legislature to impose additional burden on the consumer. All that clause means is that the licensec cannot dictate his terms to the authority responsible for street lighting. We are unable to agree with the learned Judges of the High Court that in incorporating cl. 12 of the Schedule, the central legislature intended that under no circumstance the liability of the consumer can be increased beyond what is asked during the continuance of the contract. In our opinion it imposes no fetters on the powers of the provincial legislatures in the matter of hanging the price of the electricity supplied by the licensec for street lighting. unable to agree with the High Court that either the suit is bad because of want of a valid notice under s. 233 of the Ajmer Merwar Municipalities Regulation or that the notification imposing surcharge is invalid for any reason.Appeal allowed.
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