Research › Browse › Judgment

Gujarat High Court · body

1994 DIGILAW 263 (GUJ)

AMRUTRAO TATYAJI KADAM v. SHARADBHAI CHIMANRAO FANASE

1994-09-05

J.N.BHATT

body1994
J. N. BHATT, J. ( 1 ) IN this petition, the challenge is against the order passed by the Deputy Collector on 15-12-1978 in Tenancy Case No. 72 of 1977, whereby tenants application for supply of electricity at his own costs under the Bombay Rents, hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "bombay rent Act") came to be rejected. ( 2 ) THE petitioner is a tenant residing in the premises of the respondent situated in Dandiya Bazar at Baroda without electric supply since 40 years. Therefore, the petitioner-tenant requested the landlord to provide him electric connection or to give consent for supply of electricity. Request of giving permission to take electric connection in the rented premises was turned down by the respondent-landlord. ( 3 ) THE tenant thereafter took recourse of provisions of Sec. 23a of the Bombay rent Act. Said provisions are relevant and material for deciding this petition and therefore, it would be appropriate to refer to it. Section 23a of the Bombay Rent act reads as under :-"sec. 23a. (1) When a tenant desires to get supply of electricity at his own costs from a licensee within the meaning of the Indian Electricity Act, 1910 and the owner of the premises does not give his consent therefor, the tenant may apply to the collector setting out the scheme for such supply. (2) On receipt of such application the Collector may, after giving the landlord and the owner of the premises if he be not the landlord, opportunity of being heard, permit the tenant to get the supply in accordance with the scheme set out in the tenants application or in accordance with any modified scheme. (3) On such permission being given, notwithstanding anything contained in any contract or in any other law for the time being in force, the owner shall be deemed to have given the requisite consent under sub-sec. (2) of Sec. 12 of the Indian electricity Act, 1910 and the licensee shall not be liable to the owner for trespass for steps taken for supply of electricity according to the said permission. "by virtue of the said provisions incorporated in Sec. 23a of the Bombay Rent Act, the tenant is entitled to supply of the electricity at his own costs for which he has to first take the permission of the Collector of the District concerned. "by virtue of the said provisions incorporated in Sec. 23a of the Bombay Rent Act, the tenant is entitled to supply of the electricity at his own costs for which he has to first take the permission of the Collector of the District concerned. The petitionertenant made an application in 1977 to the Collector at Baroda to give him permission for the supply of electricity at his own costs as provided in Sec. 23a of the Bombay rent Act. After hearing the tenant and the landlord, the Deputy Collector at Baroda rejected the application under Sec. 23a only on the ground that the building is old and the landlord is desirous of carrying out construction. Patently and ex-facie, the ground on which the application is rejected by the Deputy Collector is not only illogical but it is illegal. Having regard to the scheme of provision of Sec. 23a, the Deputy Collector ought to have sanctioned the application of the tenant for supply of electricity at his cost. It is the case of the landlord that the building is old and dilapidated and requires extensive construction. It is accepted by the Deputy Collector at Baroda. It is a serious error of law which has resulted in manifest injustice to tenant. Authority cannot refuse the request for electric connection on such a untenable ground. On the contrary, it is true to say that even if the plea of the landlord is found correct, then also in such a situation, i. e. , when rented premises are not in good condition, the requirement for supply of electricity assumes wider significant. Such a plea supports the request of tenant and in no case would affect him adversely for the merits of his application under Sec. 23a of the Bombay Rent Act. It is not a ground for refusing the permission for supply of electricity at the cost of the tenant under Sec. 23a of the Bombay Rent Act. Therefore, though the powers of this Court are very much circumscribed under the supervisory jurisdiction under art. 227 of the Constitution of India, as the impugned order of the Deputy Collector is found patently illegal, this Court has no option but to interfere with the impugned order and set it aside. ( 4 ) IN the result, the impugned order of the Deputy Collector is set aside. 227 of the Constitution of India, as the impugned order of the Deputy Collector is found patently illegal, this Court has no option but to interfere with the impugned order and set it aside. ( 4 ) IN the result, the impugned order of the Deputy Collector is set aside. The application of the tenant under Sec. 23a of the Bombay Rent Act for supply of electricity at his cost is allowed. Petition is also allowed with no order as to costs. Rule is made absolute. .