Union of India v. Jharkhand Bijli Vidyut Nigam Limited
2022-04-05
RAJESH SHANKAR
body2022
DigiLaw.ai
JUDGMENT : At the request of the learned counsel for the petitioner, the defects, as pointed out by the office, are ignored. 2. The present writ petition has been filed for quashing the energy bill dated 31.03.1999 (Annexure-4 to the writ petition) and all subsequent energy bills (Anneuxre-7 to the writ petition) which have been raised assuming the contract demand to be 2267 KVA which, according to the petitioner, is wholly illegal and arbitrary. Further prayer has been made for quashing letter dated 08.03.2022 (Anneuxre-12 to the writ petition) issued by the Electrical Executive Engineer (C&R), Electric Supply Division, Daltonganj (the respondent no. 3), in pursuance of which the electrical connection having consumer no.- L-2/D-1788 has been disconnected contrary to Section 56 of the Electricity Act, 2003 (in short, “the Act, 2003”). Petitioner has also prayed for immediate restoration of the electrical connection for consumer no. L-2/D-1788. 3. Mr. Prashant Pallav, Learned A.S.G.I. appearing on behalf of the petitioner, submits that the petitioner’s electrical connection has been disconnected on 24.03.2022 in pursuance of notice as contained in letter no. 421 dated 08.03.2022 (Annexure-12 to the writ petition) issued by the respondent no. 3 under Section 56 of the Act, 2003. Though the said notice was received by the petitioner on 21.03.2022, yet it was not given clear 15 days’ time from the date of receipt of the said notice as well as ignoring the fact that the same was for disputed amount of energy bill raised for the period from 04/1993 to 02/1999 that too purportedly under clause-16.4.1 of tariff notification, 1993 which otherwise was not meant for charging an additional amount of bill, rather the said provision only provided that transformer capacity of HT and EHT consumers should not be more than 150% of the contract demand and if any consumer was found violating the said provision, his service connection would be disconnected. It is also submitted that earlier the said amount was kept in abeyance by the authorities of respondent-Jharkhand Bijli Vidyut Nigam Limited (JBVNL) as would be evident from last bill dated 07.03.2022 (Annexure-9 to the writ petition). Barwadih Railway Station is one of the important railway junctions situated in the State of Jharkhand and is also a major freight depot which houses a Routine Overhaul (ROH) facility wherein the examination, maintenance and overhaul of freight wagons are regularly done.
Barwadih Railway Station is one of the important railway junctions situated in the State of Jharkhand and is also a major freight depot which houses a Routine Overhaul (ROH) facility wherein the examination, maintenance and overhaul of freight wagons are regularly done. Due to illegal disconnection of electricity, about 1400 employees of the petitioner and a hospital being run by it have also been adversely affected. 4. Mr. Ravi Prakash Mishra, A.C. to Mr. Sachin Kumar, learned Sr.S.C. appearing on behalf of the respondent-JBVNL, submits that the petitioner has efficacious remedy of preferring a complaint with respect to the dispute in question before the concerned “Vidyut Upbhokta Shikayat Niwaran Forum” (VUSNF) constituted by the JBVNL under Section 42(5) of the Act, 2003. Though earlier, the said Forum was also constituted for redressal of electricity consumer disputes arising in Palamau Division, yet presently the same is not functional. 5. Having heard the learned counsel for the parties, it appears that the petitioner’s electrical connection has been disconnected by the respondents for an old dispute carrying arrears of energy bills pertaining to the period from 04/1993 to 02/1999 raised against the petitioner under clause 16.4.1 of Tariff Notification, 1993 issued by the erstwhile Bihar State Electricity Board, Patna. In considered opinion of the Court, the said dispute can be resolved through adjudication by the VUSNF constituted by the JBVNL under Section 42(5) of the Act, 2003. However, since it has been submitted by the counsel for the respondents that the said Forum earlier constituted for redressal of grievance of the electricity consumers of Palamau Division is presently not functional, treating the present case to be an exceptional one, the petitioner is given liberty to file a complaint on the present issue before the VUSNF, Ranchi. If such a complaint is filed by the petitioner on or before 18th April, 2022, the VUSNF, Ranchi shall consider the same on merit and pass appropriate order in accordance with law preferably within three months from the date of filing of the said complaint. 6. So far as the petitioner’s prayer for interim relief is concerned, learned counsel for the petitioner submits that the disputed amount of bill is Rs.64,46,14,179/-. It is also submitted that so far as the current electricity charges are concerned, the petitioner is regularly paying the same. 7.
6. So far as the petitioner’s prayer for interim relief is concerned, learned counsel for the petitioner submits that the disputed amount of bill is Rs.64,46,14,179/-. It is also submitted that so far as the current electricity charges are concerned, the petitioner is regularly paying the same. 7. Considering the aforesaid aspect and keeping in view that the present dispute is a quite old one pertaining to the period from 04/1993 to 02/1999, if the petitioner makes payment of 10% of Rs.64,46,14,179/- i.e. Rs.6.40 crores(approx.), under protest, the electrical connection of the petitioner shall immediately be restored by the respondents. The said payment shall, however, be subject to the outcome of the complaint which would be filed by the petitioner before the VUSNF, Ranchi. It is, however, clarified that the petitioner shall continue to pay the current electricity charges. 8. The writ petition is disposed of with aforesaid liberty and direction. 9. I.A. No. 2703 of 2022 also stands disposed of.