SRINAGAR: The Delhi High Court on Monday granted relief to Jammu and Kashmir Power Development Department (PDD) by staying an order passed by the Central Electricity Regulatory Commission (CERC), New Delhi, that asked the department to 75 Crore rupees by October 25.
The CERC had issued the order for recovery of Unscheduled Interchange Charges, failing which the Commission had warned of contempt proceedings the Secretary, JKPDD.
Sources have told a local news agency, KNS, that the state, through its Standing Counsel Suhail Malik, challenged the CERC order in Delhi High Court on the grounds that the Commission has failed to adhere to the principle of natural justice and that the Electricity Act, 2003 did not extend to the State of Jammu and Kashmir.
The state took a stand that since the Electricity Act does not extend to the state of J&K, the CERC has no jurisdiction to pass orders against it.
Advocate Malik also submitted on behalf of the PDD that J&K enjoys a special status under article 370 of the Indian Constitution and that a central legislation cannot extend to the State without it being ratified by the J&K legislative assembly.
The court after hearing the submissions stayed the order of Central Electricity Regulatory Commission.
