BHARATKUMAR THAKORDAS MANJARWALA v. GUJARAT ELECTRICITY BOARD,baroda
1985-07-11
A.P.RAVANI
body1985
DigiLaw.ai
A. P. RAVANI, J. ( 1 ) THE petitioners are occupying some land and buildings constructed thereon in the sim of village Vadod which is situated within urban agglomeration area of Surat. The petitioners appear to have installed powerlooms in such buildings. The petitioners pray that the respondent Electricity Board be directed to give electricity connection to them. It is contended that they have put up construction on the land owned and occupied by them after obtaining necessary permission from the Gram Panchayat concerned. Moreover the owners and occuprers of plot No. 1 of the same survey number and plot. No. 5 of survey No. 19 are also given electricity connection by the Board. They are similarly situated and therefore. the Board being State cannot deny the equal treatment to the petitioners. ( 2 ) IT is made clear in the affidavit-in-reply filed on behalf of the Board that as far as the owners and occupiers of plot No. 1 of the same survey number and that of plot no. 5 of survey no. 99 are concerned the Board is contemplating course of action to be adopted by it in such cases. he argument that because some other persons are liven connections unlawfully or in contravention of the policy of the Government and the Board the same course should be adopted by the Board cannot be accepted. No one has a right to claim equal benefit which flows from unlawful action. Article does not give right to claim equal benefits from unlawful and illegal actions. At any Rate the turn exercising the powers under Art. 226 of the Constitution of India would not and ordinarily should no. entertain such claims and grant reliefs on such basis. Article 14 of the Constitution of India guarantees equality before law and equal protection of law. It does not guarantee equality for the wrongful benefits or extension of equal protection granted illegally the Courts are meant to enforce law and are not meant to perpetuate and permeate contravention of laws. If this is done Courts will cease to be all instrument of enforcing rule of law and will become an instrument of enforcing and extending illegalities. At least this is not the object of Article 14 of the Constitution of India No one can claim fundamental right to be benefited wrongly and in unlawful manner.
If this is done Courts will cease to be all instrument of enforcing rule of law and will become an instrument of enforcing and extending illegalities. At least this is not the object of Article 14 of the Constitution of India No one can claim fundamental right to be benefited wrongly and in unlawful manner. Even if one may claim Court exercising power under Article 226 of the Constitution of India in its discretion. would never extend its hand of help in favour of illegalities. ( 3 ) IT is next contended that the petitioners have made payment to the Board on 20/02/1985 while the Board received objection from the Government on 28/02/1985 The Government directed the Board that whenever local authority has submitted timely objections with regard to the nature of construction and the user of the land the electricity connection should not be given. It. is submitted on behalf of the electricity that in the instant case since the payment was received by the Board prior to the dale of issuance of directions by the Government and that the objections were received from the District Panchayat Surat some time in March 1985 it cannot be said that there was timely objection from the local authority. The argument cannot be accepted. Timely objection in the context would mean any time before the grant of electricity connections not any time before the acceptance of deposit amount. Hence this contention has also got to be rejected. ( 4 ) ON the basis of the provisions of Indian Electricity Act 1910 and electricity (Supply) Act 1948 it is submitted that it is the statutory obligation of the Board to supply electricity to all the persons where or the Board is otherwise operating. True it is the statutory obligation of the Electricity Board to supply electricity to the consumers But there cannot be any statutory obligation on the Board to supply electricity to the consumers oho have contravened the provisions of Urban Land (Ceiling and Regulation) Act and the provisions of Bombay Land Revenue Code. In the instant case is not shown that the construction put up by the petitioners is in accordance with the provisions of the Bombay Land Revenue Code and in accordance with the provisions of Urban Land (ceiling and Regulation) Act. Whether there is any direction by the Government or not is immaterial.
In the instant case is not shown that the construction put up by the petitioners is in accordance with the provisions of the Bombay Land Revenue Code and in accordance with the provisions of Urban Land (ceiling and Regulation) Act. Whether there is any direction by the Government or not is immaterial. Even without there being any Government direction if the Board raises an objection on the ground that the building in which the electricity supply is sought for has been constructed in contravention of the provisions of Urban Land (Ceiling and Regulation) Act and in contravention of other. relevant statutes the Board would be perfectly within its rights to raise such objections. On the contrary it will be the duty of the Board to raise such objections and refuse the electricity supply to such persons who contravene the provision of Urban Land (Ceiling and Regulation) Act which is a beneficial legislation enacted by the Parliament with a view to see that the scarce resources of the nation are put to the best use of the common good of the society. In the instant case. there is direction by the State Government which the State Government is empowered to give under sec. 78a of the Electricity (Supply) Act 1948 Therefore it is obligatory upon the Board to see that the Governmeat direction is complied with. The contention that the Board is not connoted with the dispute of ownership or dispute regarding the authorised or unauthorized construction has in the facts and circumstances of the case no merit whatsoever and this contention has also got to be rejected. It may be noted that such constructions are even liable to be pulled down and demolished. The Board which is State cannot be expected to facilitate such illegal activities. ( 5 ) IT is contended that the Board had accepted deposit and other charges on Feb. 25 1985 Thereafter it is not open to the Board to refuse the supply of electricity. This contention is raised on the ground of estoppel. First of all there is no estoppel against the provisions of statute. Be it noted that under the provisions of sec. 78a of the Electricity (Supply) Act. the Government has given direction. The Board is acting as per the directions given by the State Government. Therefore the contention based on the principles of estoppel cannot be accepted. .
First of all there is no estoppel against the provisions of statute. Be it noted that under the provisions of sec. 78a of the Electricity (Supply) Act. the Government has given direction. The Board is acting as per the directions given by the State Government. Therefore the contention based on the principles of estoppel cannot be accepted. . Further it may be noted that it is not the case of the petitioners that they have complied with-the provisions of Urban Land (Ceiling and Regulation) Act and that of Bombay Land Revenue Code Though it is not admitted but it is abundantly clear from the record of the case that the petitioners are seeking electricity connection in a building which is constructed on the land shouted within the urban agglomeration area of SUDA. On such land. no construct on could have been made otherwise than in accordance with the provisions of Urban Land (Ceiling and Regulation) Act. No construction on this land could have been made otherwise than in accordance with the provisions of Bombay Land Revenue Code. It is clear from the affidavit-in-reply that it was not within the knowledge of the Board at the time when the Board accepted the deposit amount and other charges that the construction made on the land was unauthorized and unlawful. In the instant case the Board has only accepted the amount and no further actions have been taken by the Board. Assuming that the Board has even went a step further. In a given case it might have started to supply electricity and thereafter if it comes to the notice of the Board that the entire construction is illegal and unlawful and the same is in contravention of the provisions of Bombay Land Revenue Code and in contravention of the Urban Land (Ceiling and Regulation) Act. even then if it is shown that these facts were not brought to the notice of the Board by the applicant or consumers of electricity as the case may be the Board would not be debarred from disconnecting the electricity on the ground of estoppel. On. the contrary non disclosure of material facts would amount to either suppressio vari and or suggestio falsi meaning thereby fraud. No one can take advantage If fraud In the instant case.
On. the contrary non disclosure of material facts would amount to either suppressio vari and or suggestio falsi meaning thereby fraud. No one can take advantage If fraud In the instant case. the argument based on estoppel is to put in clear terms amounts to saying as allow me to take advantage of fraud which I have committed. Such a plea cannot be accepted by the Court. No other contention is raised. Hence petition is rejected. Notice discharged. Petition dismissed .