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Home News Power Sector News HC disapproves APERCs manner of functioning

HC disapproves APERCs manner of functioning

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APERCJustice NV Ramana of the AP High Court on 29-07-2011 disapproved the manner in which the Andhra Pradesh Electricity Regulatory Commission (APERC) has been working as an independent agency. The discoms through the Power Coordination Committee moved the commission seeking fuel surcharge allowance (FCA) to the tune of Rs 3,000 crore. The regulatory commission permitted FCA to the tune of Rs 1,500 crore. This too was set aside by the court on Friday.

The court first faulted the discoms for applying beyond time and more so through the coordination committee.

The judge faulted the commission for permitting the application made by a body not authorised by law and set aside the order. The judge, however,left it open to the distribution companies to file fresh applications and directed the regulatory commission to act in accordance with law.

"The government has to take utmost care while appointing the regulatory commission and its members and ensure that persons with requisite qualification having competence and expertise are appointed,'' justice Ramana said.

In his 64-page order, justice Ramana said that the representation made to the regulatory commission not by the discoms but by the Power Coordination Committee was without locus standi.

"Determination of FSA falls within the realm of executive/ quasi judicial function rather than legislative function and consequentially principles of natural justice have to be complied with,'' he said.

Plea on Narayana Group Dismissed A division bench of the AP High Court comprising chief justice Nisar Ahmad Kakru and justice Vilas Afzalpurkar on Friday dismissed a writ plea filed by the ABVP seeking action against the Narayana group of institutions with regard to training students to take Eamcet. The petitioner pointed out about the advertisements released by the institution announcing ranks and making claims as being contrary to fact and law. The petitioner said that the inaction by the government was contrary to the provisions of the Public Examinations (Prevention of Malpractices and Unfair Means)Act. The bench refused to issue any directions on the ground that the petitioner had other remedies.

Court Rejects Plea on Agitations A division bench of the AP High Court rejected a public interest petition for directions to the authorities to prevent agitations in connection with the demand for a separate state. The petitioner, AV Venugopal Rao, a resident of Hyderabad, contended that the formation of Andhra Pradesh state has attained finality under the Constitution and therefore the demand for a separate state was unconstitutional.

Source- IBN Live


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