A.P. GAS POWER CORPN. LTD. v. A.P. STATE REGULATORY COMMISSION AND ANR.

The above provision deals with supply of electricity as may be required within the State for transmission and distribution in a most efficient and economical manner. Further, to supply electricity as soon as practicable to a E licensee. With the aid of the above provision, read with clauses (a) and (b) of sub-section (I) of Section 43-A it can well be inferred that the expression 'any person' used maybe persons or bodies discharging the functions of generation, transmission, distribution or supply of electricity. Clause (c) of sub-section (I) of Section 43-A does not envisage a generating company selling/supplying electricity for use in household or domestic purpose or to • j the small shops, to the show-rooms or an individual running a flour mill or a w:lding workshop etc. Therefore, to assign a wide'meaning to the word 'anx person', meaning thereby, to any end consumer would be spreading the meaning too wide going beyond the subject matter dealt with under the Supply Act and not connected with the intent and object of legislating the said legislation. It is true that as a general principle a plain meaning is to be att<tched to a word or expression used in the legislation but it cannot be ·divorced, of the context and an isolated meaning attached to it. In such circumstances, it becomes necessary to assign. a meaning which may be reasonably and harmoniously derived from the company of the words and H

466 SUPREME COURT REPORTS (2004] 3 S.C.R. ...

A phrases preceding such expression. In this view of the matter, it can well be >- said that the meaning of the expression 'any person' as used in clause (c) of sub-section (I) of Section 43-A denotes such bodies or entities which would ...• further the purpose for which the electricity boards have been constituted. It is for the board to coordinate different activities in discharge whereof to make available the electricity to the licensees, distributors or those who transmit B the electricity. It would be reasonable to infer that the consent of the state government may be necessary to have a contract of sale of electricity generated by it with any of such bodies discharging any of such functions like that of the Board indicated above or any other body or entity established for similar purpose. c Jn view of the finding recorded above regarding meaning of the word 'any person' occurring in clause (c) of sub-section (I) of Section 43-A of the Act, it becomes wholly unnecessary to go into the question as to in fact any consent was given by the state government, if so, when and the effect of the \ same for supply of electricity to the sister concern of the participating industries.

We, therefore, hold that no licence is necessary for utilization of energy generated by APGPCL and utilized by the participating industries and the .... concerns holding shares of APGPCL transferred to them by the participating industries to the extent of value of the shares so transferred. It would, however, be necessary to have a licence for supply of energy to the sister concerns. Jn the result, the appeals are partly allowed and the judgment and order passed by the High Court stands modified in the manner indicated above. Parties to bear their own costs.

B.K.M. Appeal partly allowed. F i. •