JUDGMENT

JAGDISH SINGH KHEHAR, J.

1. The appellant herein, the Uttar Pradesh Avas Evam Vikas Parishad (hereinafter referred to as, the U.P. Avas Evam Vikas Parishad), is a statutory body constituted under the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965. The U.P. Avas Evam Vikas Parishad has been engaged in development of colonies, residential plots, residential houses, as well as, commercial plots and complexes throughout the State of Uttar Pradesh (U.P.).

2. The U.P. Power Corporation Ltd. (hereinafter referred to as, U.P. Power Corporation) is the successor of the U.P. State Electricity Board (hereinafter referred to as, UP, SEB). It has been the statutory duty of the UP, SEB (and thereafter, the U.P. Power Corporation) to erect transmission lines, associated distribution sub-stations and L.T. distribution mains, throughout the State of U.P. The aforesaid activity has also been carried out by the UP, SEB (and thereafter by the U.P. Power Corporation) in colonies/multistoried buildings, developed/raised in the State of U.P. The aforesaid statutory duty is cast on account of the fact, that the said authorities are "designated licensees", for supply and distribution of electricity, under section 26 of the Electricity (Supply) Act, 1948. The aforesaid provision has been re-enacted as a part of section 86 of the Electricity Act, 2003.

3. The UP, SEB (and thereafter, the U.P. Power Corporation) used to exclusively carry out its legal obligations, of erection of transmission lines, associated distribution sub-stations and L.T. distribution mains, throughout the State of U.P., as a "designated licensee". The aforesaid activity was also carried out in colonies/multistoried buildings by the aforesaid, again as a "designated licensee". For carrying out the said activities in colonies/multistoried buildings, the concerned depleting agency was required to deposit with the "designated licensee", the estimated cost of the transmission lines, associated distribution sub-stations and L.T. distribution mains. The said work was entrusted to the UP, SEB (and thereafter, the U.P. Power Corporation) as "deposit work".

4. The State of U.P., in exercise of power vested in it under rule 133 (1) read with the proviso to sub-rule (1) of rule 45 of the Indian Electricity Rules, 1956, had issued a Government order dated 2.6.1982 authorizing the U.P. Avas Evam Vikas Parishad (i.e., the appellant herein) to carry on by itself, in the colonies/multistoried buildings raised by it, the work of erection of transmission lines, associated distribution sub-stations and L.T. distribution mains up to 11 K.V., subject to the conditions envisaged in the said Government order. A relevant extract of the Government order dated 2.6.1982, which was duly notified, is being reproduced hereunder:-

"The Governor is hereby pleased to provide relaxation under the provisions of Rule 45(1) of Indian Electricity Rules, 1956 with respect to the works of installations upto 11 K.V. in the land etc. of complex of Avas Evam Vikas Parishad in pursuance of the provision of 133(1) of Indian Electricity Rules, 1956 read with provision of rule 45(1). 1. All the installation of electrification works shall be done under the supervision of recognized engineer/Junior Engineer (Electrical), who has got the certificate of Electrical Supervisor from Electrical Inspector Office. 2. The work of wiring and installation of overhead line shall be got done by the persons and linemen having the permit of wireman obtained from Electrical Inspector Office. Only those persons shall come under the category of lineman, who have passed the lineman trade test from I.T.I. or who have worked on the post of linemen minimum upto 10 six months in any institution. 3. There must be one Electrical Supervisor, two Wiremen and two linesmen separately for the execution of electrification work in every area. 4. Before commencement of construction of overhead lines and cable laying etc., an approval of drawing regarding m