CIVIL

Independent Feeder

Independent Feeder means a feeder constructed at the cost of a consumer and supplying electricity to only that consumer

 An ‘independent feeder’ would be a feeder in which electricity is supplied only to a single consumer at his own cost relying upon the words “to only that consumer”. A consumer getting electricity by an “independent feeder” as the definition of an “independent feeder” states from a sub-station “to only that consumer”.

Undoubtedly, a straight jacket dictionary meaning and as defined under the electricity code, the petitioner may not be covered under the definition of ‘independent feeder’. But will it save the petitioner? This is the question. The short answer to this is that it is not a narrow dictionary meaning which has to be applied in the present case, but what has to be seen is the kind of service, the kind of status and in fact the quality of service, the petitioner was enjoying and whether it takes the petitioner to a different, or a special class. If the petitioner is getting a special treatment, then the narrow straitjacket definition of ‘independent feeder’ will not come for the rescue of the petitioner.

FLEX FOODS LTD.  Vs. APPELLATE COMITTEE AND ANOTHER

(2009) AIR(Uttaranchal) 58 : (2011) 1 UC 163

UTTARAKHAND HIGH COURT

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Categories: CIVIL