T. P. S. CHAWLA, J. ( 1 ) THIS petition was originally heard by a Division Bench comprising one of us (T. P. S. Chawla, J.) and J. D. Jain, J. On 26th Aug. 1982, a direction was issued by that Bench to the Deputy Chief Engineer (Commercial), Delhi Electric Supply Undertaking, to produce some documents relevant to the questions raised. In response to that direction, Mr. D. C. Seth, Law Officer of the Delhi Electric Supply Undertaking, appeared before the Bench on 22nd Nov. 1982 and produced the documents. He also furnished such clarifications as the Bench sought. The petition was thereafter dismissed. ( 2 ) THE petitioner then moved a Special Leave Petition in the Supreme Court against the said order of dismissal By an order dt. 6th Aug. 1984, leave to appeal was granted, and the Supreme Court set aside the order of dismissal on the ground that it did not give reasons, and remitted the matter to the High Court for rehearing. The Supreme Court expressed no opinion on the merits of the matter. ( 3 ) IN accordance with the order of the Supreme Court we have reheard the case, and now proceed to give our decision. ( 4 ) BRIEFLY, the facts are that the petitioner, Mrs. Sushma Aggarwal, applied for an electric power connection in July 1981. The application was for the supply of 20 H. P. /i. P. and 0. 25 KW/il to a factory intended to be. set up on a piece of land in village Karawal Nagar, Shahdara, Delhi, for manufacturing steel nut hinges. With the application the petitioner attached a lal Dora certificate . A copy of the certificate has been annexed to the petition. The certificate was issued by Mr. B. S. Rana, Sub-Divisional Magistrate/revenue Assistant (Shahdara) in favour of shri Munshi etc. , in the capacity of owner of the building on Khasra No. 320 in village Karawal Nagar, Shahdara. In the certificate it was stated that, as per the report of the Revenue Officers, the land bearing Khasra No. 320 had been earmarked as extended Lal Dora during the consolidation operations of village Karawal Nagar in the year 1967-68 . The boundaries of the building were then described. The last para of the certificate reads as follows: "this certificate is issued to the applicant on his specific request for I. Power/ssi/cement/telephone.
The boundaries of the building were then described. The last para of the certificate reads as follows: "this certificate is issued to the applicant on his specific request for I. Power/ssi/cement/telephone. It does not confer right of ownership/licence on the certificate holder. " ( 5 ) BY a letter dt. 21stsept. 1981, the Delhi Electric Supply Undertaking informed the petitioner that, on inspection, it had been found that the construction was incomplete and, besides, their system was fully loaded, hence, the application could not be granted and was kept pending. Apparently, the petitioner completed the construction soon afterwards and intimation to this effect was seat to the Delhi Electric Supply Undertaking by a letter dt. 9th Dec. 1981. In response to this letter, the Delhi Electric Supply Undertaking, by a letter dt. 4th Jan. 1982, asked the petitioner to deposit Rs. 1600. 00 towards the I. P. connection and Rs. 250. 00 towards the I. L. connection. The petitioner duly deposited these sums on 5th Jan. 1982. Further amounts demanded by the Delhi Electric Supply Undertaking were, also, deposited. A standard draft agreement was given to the petitioner for being signed. At this stage, the petitioner received a letter dt. 20th Feb. 1982 from the Delhi Electric Supply Undertaking which said : "the agreement is being returned because you have submitted the rent receipt in your name and the Lal Dora Certificate is in the name of Sh. Munshi which is contrary to the office order of the Chief Commercial Officer (D ). Kindly produce the Lal Dora/extended Lal Dora Certificate issued in your name". The petitioner says she received this letter on 18th Mar. 1982. Thereafter, despite repeated requests, the Delhi Electric Supply Undertaking declined to give the electric power connection to the petitioner. In these circumstances, the present petition was filed seeking a writ directing the Delhi Electric Supply Undertaking to provide the power connection applied for by the petitioner. ( 6 ) AFTER this case was remitted by the Supreme Court, we have obtained an affidavit on behalf of the Delhi Electric Supply Undertaking setting out the relevant facts and documents. It appears, there from, that on 13th April 1979 a new clause 4d was inserted in the Delhi Electricity Control Order N59. This clause reads as follows : "4d.
It appears, there from, that on 13th April 1979 a new clause 4d was inserted in the Delhi Electricity Control Order N59. This clause reads as follows : "4d. Notwithstanding anything contained in any contract or agreement or any licence granted under the Act or in any requisition no licensee shall make fresh supply of energy in case of commercial or industrial load in favour of any consumer at any premises till the said consumer produces a valid Municipal Licence or no Objection Certificate or Lal Dora Certificate ifany required under any Municipal Law or rules in force within the limits of the local body where the said premises are situated. "it will be observed from this clause that it permits an electric power connection to be given on the production of a lal Dora Certificate as an alternative to a Municipal Licence or a "no Objection Certificate . The purpose of affording this alternative was to implement governmental schemes for uplifting the rural population. ( 7 ) TO set up a Factory in the rural environs of Delhi, it was necessary to get clearance both from the Municipal Corporation of Delhi and the Delhi Development Authority. The building could not be constructed without sanction of the Corporation, and the industry could only be located in areas earmarked for the purpose in the Master Plan administered by the Delhi Development Authority. Without clearance from these authorities, the Delhi Electricity Supply Undertaking would not provide a power connection. In order to generate employment, and supplement the income of people living in villages, an exemption was granted by Cl. 4d from obtaining such clearances. This exemption was available on the production of a Lal Dora Certificate. The beneficiaries of these schemes were obviously intended to be persons who resided in villages. ( 8 ) BUT, in actual practice the scheme got subverted. Non-residents obtained leases of land situated within the Lal Dora from residents of the village, and were able to obtain power connections for setting up factories on production of a Lal Dora certificate. When this came to the notice of the authorities, they took steps to stop it because it was leading to pollution and destruction of the rural environment. A meeting of various officials was held on 28th Aug. 1980 in the office of the Deputy Commissioner of Delhi.
When this came to the notice of the authorities, they took steps to stop it because it was leading to pollution and destruction of the rural environment. A meeting of various officials was held on 28th Aug. 1980 in the office of the Deputy Commissioner of Delhi. The minutes of the meeting narrate the discussion of the problem, and the conclusions reached, it was specifically decided "that where wrong electrical connections have been given the same shall be disconnected forthwith". ( 9 ) HOWEVER, some doubts and ambiguities still remained. It was not quite clear whether the land situated in the "extended Lal Dora" or within the "phirni" would qualify for an electricity power connection on the production of a Lal Dora certificate. Consequently, various Office Orders were issued by the Delhi Electric Supply Undertaking in 1980 and 1981 clarifying the position. The last of such Office Orders is dt. 20th Mar. 1982. The relevant portion of it reads as follows : "in order to obviate the chances of misuse of Lal Dora/extended Lal Dora Certificate and to regulate the connection therein following guidelines are issued. This is in continuation to this office order No. CC0. 2 (4 ). 81-82 (16) dt. 18-11-1981. 1. Industrial Power Connection on the basis of Lal Dora Certificate shall be given to such applicant only in whose name the Lal Dora Certificate has been issued. 2. Industrial power connection on the basis of rent receipt shall not be permitted hereafter. "this was the stage at which the Delhi Electric Supply Undertaking declined to give the electric power connection applied for by the petitioner. ( 10 ) IN our opinion, the refusal by the Delhi Electric Supply Undertaking was perfectly justified. The Lal Dora certificate produced by the petitioner is not in her name, but in that of "sh. Munshi etc. ". She is not a resident of the village, but merely a lessee from Shri Munshi. To grant her an electric power connection would be contrary to the purpose of the rural development scheme. It is of no consequence that her application was originally sanctioned, and she had deposited the amounts demanded as security, and even the standard form of agreement had been sent to her for signature.
To grant her an electric power connection would be contrary to the purpose of the rural development scheme. It is of no consequence that her application was originally sanctioned, and she had deposited the amounts demanded as security, and even the standard form of agreement had been sent to her for signature. Clause 4d of the Delhi Electricity Control Order 1959 overrides all contracts, for it prohibits a fresh supply of energy for industrial purposes "notwithstanding anything contained in any contract or agreement" unless one of the conditions stated therein is fulfilled. ( 11 ) WHEN the case was reheard by us, counsel for the petitioner sought a number of adjournments on the ground that the petitioner was making efforts to obtain a Lal Dora Certificate in her own name. But, she did not succeed. This is understandable, because she is not a resident of the village. 12. For the reasons we have stated, this petition is dismissed.