All Electricity Consumers of Rural v. State of Rajasthan Area of Tehsil Makrana
2004-10-08
N.K.JAIN, N.N.MATHUR
body2004
DigiLaw.ai
JUDGMENT 1. 1. The instant petition has been filed under the label of public interest litigation in the name of All Electricity Consumers of Rural Area of Tehsil Makrana. 2. The grievance is voiced against the issuing of bills showing very high consumption of the electricity by the consumers even in cases where the consumption was almost nil. The learned counsel has placed reliance on a decision of this Court in R.S.E.B. v. M/s Alfa 1992(1) WLC (Raj.) 97 . 3. A reply to the writ petition has been filed supported by an affidavit of Shri B.L. Gurjar, Executive Engineer (O&M), AVVN Limited, Makrana. A preliminary objection has been raised to the effect that the bills have been issued in Tehsil Makrana to hundreds of peoples in accordance with the Agricultural Connection Policy, 2004, as such, the instant petition filed by few persons seeking general prayer is not maintainable. It is further submitted that the petitioners have prayed for individual relief in the garb of public interest litigation. 4. On the merits of the case it is submitted that the answering respondents have issued Agricultural Connection Policy, 2004 for distribution of electricity in Agricultural Sector. As per item No. 11, it has been specifically mentioned that in last 10 to 15 years, the water level was high and therefore, application for lesser load were entertained and granted. However, in last 1 or 2 years the water level has again tremendously gone down and therefore, pump sets with higher load and capacity, are being used by the consumers. In these circumstances, a policy decision has been taken to issue such pump set agricultural connection in accordance with the water levels and the load position for that particular area. A further decision has been taken that the Superintending Engineer shall conduct an investigation on the pump set of the consumers and shall determine the average load and further as per the average load, the electrical load of the consumers shall be fixed. It is also submitted that electricity theft is rampant and it has become difficult to check in ordinary course, which is causing huge loss to the company. Thus, as per the new policy consumers belonging to the Agricultural Sector shall be issued bills on the basis of actual consumption or minimum charges whichever is higher.
It is also submitted that electricity theft is rampant and it has become difficult to check in ordinary course, which is causing huge loss to the company. Thus, as per the new policy consumers belonging to the Agricultural Sector shall be issued bills on the basis of actual consumption or minimum charges whichever is higher. It has also been brought to our notice that the Tariff for Supply of Electricity, 2001 laid down by the answering respondents whereby the minimum charges have been laid down for the general category of Rs. 200/- up to 3 HP connection plus Rs. 50/- each for subsequent H.P. per month. A decision has also been taken to review all the cases and issue the bills in accordance with the orders dated 12.8.2004 passed by the Managing Director. 5. Having heard learned counsel for the parties, the preliminary objection raised by the answering respondents as to the maintainability of the writ petition deserves to be rejected. It is well settled that even in cases of private interest where it is felt that injustice is done to the large number of people, this Court in exercise of powers under Article 226 of the Constitution of India will not hesitate to step in. As regard the merit of the case, there appears to be some substance in the grievance as to harshness in fixing minimum charges. However. we are not inclined to enter into the controversy as to the reasonableness of the policy decision. We simply say that the matter requires a fresh look by the concerned authority. 6. Consequently. the Secretary, Department of Electricity Energy, Government of Rajasthan is directed to place the matter before the Hon'ble Energy Minister, to get the matter examined by a committee constituted by him, which must include at least two persons from public acquainted with the problems of such agriculturists. The committee shall be constituted within a period of one week from the date of the receipt of the writ. The committee shall take a decision after hearing the parties within the period of two weeks from the date of constitution of the Committee. Till such decision is taken, there shall be stay on electricity disconnection on the basis of bills issued under the policy of 2004 of any of the consumers in Tehsil Makrana. Petition stands disposed of. *******