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2016 DIGILAW 652 (UTT)

Puneet Gupta v. State of Uttarakhand

2016-09-28

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. Petitioners have approached this seeking the following reliefs: “I. To issue a writ order or direction in the nature of Mandamus directing the respondent authorities no. 1-3 to provide the petitioners electricity connection as per Section 43 of the Electricity Act, 2003 read with Uttarakhand Electricity Regulatory Commission (Release of new LT Connections, Enhancement and Reduction of Loads) Regulations, 2013 without any further delay. II. To issue a writ order or direction in the nature of Mandamus directing the respondents including the respondent no. 4 to discharge their obligations under the applicable laws.” 2. Briefly put, the case of the petitioner is as follows:- Vide registered sale deed dated 06.05.2015, petitioners purchased a plot, bearing plot No. 18-R, under a Scheme duly approved by the M.D.D.A., falling in Khasra No. 9 Kha, measuring 152.50 sq. mts. from a company known as Prateek Resorts Builders Pvt. Ltd. On 26.06.2015, the petitioners, after purchasing the plot from the aforesaid company, applied for sanction of plan to the M.D.D.A. The said plan was duly sanctioned and, thereafter, the construction work was done and during construction, the electricity connection was provided by the respondent no. 4, on payment basis, through a sub meter provided by the company. Thereafter, on 27.07.2016, as per the Uttarakhand Electricity Regulatory Commission (Release of new LT Connections, Enhancement and Reduction of Loads) Regulations, 2013, the petitioners applied for the new domestic connection for 5 K.W. in the prescribed format. According to the petitioner, on 27.08.2016, the respondent no. 3 declined to give the aforesaid connection to the petitioners, by saying that the spot inspection was done, after receiving the application of the petitioners and, thereafter, it was found that the area is developed by a builder, in which there is no electricity transformer, electricity line, even the electric pole and, therefore, in such a position, after depositing the required fee with the sanctioned load by the builder, the aforesaid connection can be provided. Hence, this writ petition. 3. Hence, this writ petition. 3. Learned counsel appearing for the petitioners argued that the Sub-Divisional Officer has no authority to deny the electricity connection, if the consumer is ready to pay the entire charges and requisite fee, as required for new connection, particularly, when the construction work has taken place, by way of sanction plan sanctioned by the development authority and, therefore, the grounds for denying the electricity connection, by virtue of impugned order, is wholly illegal and unsustainable and is liable to be quashed. It is contended by the learned counsel for the petitioners that the entire action of the respondents are contrary to the Regulation and the petitioners cannot be made to suffer due to the inaction on the part of the respondent company as well as the respondent department. He submitted that the petitioners are ready to deposit the amount as per Regulation 5(10) read with Regulation 3, Table-II. 4. At this, learned counsel appearing for the Uttarakhand Power Corporation submitted that, in case the petitioners deposit the amount as per Regulation 5(10) read with Regulation 3, Table-II, the petitioners shall be provided the electricity connection as per Section 43 of the Electricity Act, 2003 read with the Uttarakhand Electricity Regulatory Commission (Release of new L.T. Connections, Enhancement and Reduction of Loads) Regulations, 2013 within a period of two weeks from the date of depositing of the amount by the petitioners. 5. Considering the submission advanced by the learned counsel for the parties and in the interest of justice, the writ petition is disposed of with a direction to the petitioners to approach the Uttarakhand Power Corporation for the electricity connection alongwith the certified copy of this judgment within a period of one week from today. The Uttarakhand Power Corporation is also directed to inform the petitioners about the exact amount, which is to be paid by the petitioners, within one week. The electricity connection shall be provided to the petitioners within a period of two weeks’ after the deposit of the desired amount. 6. There will be no order as to costs.