The Delhi High Court today sought a response from the city government on a PIL seeking a direction to the government to vacate the stay on the approved tariff of Delhi Electricity Regulatory Commission(DERC) for the year 2010-2011.
Issuing a notice to NCT and DERC, a Division Bench of Chief Justice Dipak Misra and Justice Manmohan sought the reply by August 11.
Filing a PIL, Nand Kishore Garg said despite the approval of Commission's members, including the Chairman, the government had on May 4 stayed the electricity tariff for this year.
He said the government withheld the approved tariff basing of the demand by the DISCOMS for hike despite the fact that the electricity distributing companies have generated a huge surplus profit on and average of Rs 300 crore per month from the consumers.
The petitioner said the Commission has fixed the tariff basing on the annual revenue return filed by the DISCOMS according to which the companies have generated a surplus mount of Rs 3577 crore.
On March 17, the Commission had approved the tariff for the government to issue the tariff for this year but On May 1 the DISCOMS made a representation to the government seeking hike of existing tariff from 50 to 70 per cent, the petitioner alleged.
He said that in an arbitrary manner, the government under the pressure of DISCOMS had put a stay on the Commission-approved tariff. Meanwhile, the Commission sought a legal opinion from the Solicitor General of India who opined that the government's direction was not mandatory for it.
In the light of the legal opinion by the law officer, the petition sought a court direction to vacate the stay on the Commission's decision.