AGARTALA, Dec 12 ? Agartala Bench of Gauhati High Court has served a notice to Tripura government on a litigation that questioned legality of amendment of electric supply conditions enhancing power tariff on the basis of a 1910 act, which is not in force. The state electricity department in a notification on June 11, 2003 invoked Indian Electricity Act, 1910 (IX of 1910) for amendment of Tripura Electricity Supply Condition 1998. The amendment was required to hike the power tariff at domestic as well as business establishments.
Appearing before Justice AH Saikia on behalf of the petitioner, Bikash Chakrabarty of Agartala, lawyer Indrajit Chakrabarty argued that the gazette notification of June 11, 2003 of the state government (power department) seeking amendment was ultra virus since the very act ? Indian Electricity Act 1910 (IX of 1910) which was referred as the basis of the change had already been repealed on June 10, 2003 and a new Electricity Act 2003 (excepting Section 121) had been enacted.
Chakrabarty pointed out that since the new act had already come into force, the third amendment made by the state government on previous 1910 act could not be accepted as legal and should be quashed. Having heard Chakrabarty and government lawyer UB Saha, Justice Saikia on December 10 issued notice of motion calling upon the respondent (state) as to why a rule should not be issued as prayed for. The notice is returnable within six weeks.