"Until the order has been signed by the members of the Commission and the same has been communicated to the Delhi government within seven days, the order cannot be called as an approved one," Tripathi submitted and contended that no tariff order for the year 2010-2011 was passed by DERC before the deadline of May 2010.
To his submission, the court asked the law officer if the Commission can modify its order after the approved order has been sent to the government. The lawyer replied that the Commission cannot modify the order and added that the members had left notings on the draft order and the same was not finalized.
Interestingly, even the distribution companies NDPL and BSNL have maintained that there was no order passed by DERC. The bench has now fixed March 8 as the date for further hearing of the matter that stems from a PIL filed by Nand Kishore Garg for a direction to the Delhi government. The PIL alleged that the Delhi government succumbed to the pressure by discoms to hike tariff and asked DERC to not make its approved tariff order for 2010-2011 public.
According to the petitioner, the Commission had fixed the hike of tariff to 40% basing on the annual revenue returns filed by the discoms, according to which the companies have generated a surplus of Rs 3,577 crore.
Source - Times of India