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KOLKATA, March 7

THE Division Bench of Calcutta High Court comprising Mr Justice Banerjea and Mr Justice Barua today heard the appeal of the West Bengal Government challenging the order of the Electricity Regulatory Commission (ERC) fixing the power tariff in the State for 2000-01 and 2001-02.

Bharat Chamber of Commerce opposed the appeal by arguing that the tariff fixed by the ERC irrespective of the class of consumer was justified. If the State Government wanted to, it could take on the burden of expenditure in the form of a subsidy keeping the ERC as final, the chamber held. The counsel argued that the Government's appeal could not be sustained in this context.

The Supreme Court had scrapped the order of the Calcutta High Court fixing the rate at Rs 4 per unit with the observation that the High Court had no right to fix the tariff, which only the ERC could do. (ERC had fixed the tariff at Rs 3.90)

The Government argued that Rs 3.90 per unit rate can be accepted segment-wise and cannot be made applicable to all classes of consumers.

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