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High Court Of Calcutta
S. B. SINHA
BROJENDRA NATH SAMANTA - Appellant
Versus
CESC LIMITED AND CMC - Respondent
C. O. 18364 (W) Of 1996
Decided On : 04/03/1997
ELECTRICITY ACT - SUPPLY OF ELECTRICITY - LICENSE TO SUPPLY - ULTRA VIRES - RESTORATION OF SUPPLY - CESC LTD. - CALCUTTA MUNICIPAL CORPORATION - CITYSCAPE DEVELOPERS PVT. LTD. - SECTION 3, 9, 21, 22, 28 OF INDIAN ELECTRICITY ACT, 1910 - SECTION 25(A) OF CONDITIONS OF SUPPLY FRAMED BY CESC LTD. - RULE 30 OF INDIAN ELECTRICITY RULES, 1956 - C. O. NO. 18364 (W) OF 1996 AND C. O. NO. 18909 (W) OF 1996 - HELD, petitioners are entitled to get supply of electrical energy from CESC Ltd. as per Section 22 of the Indian Electricity Act, 1910 and CESC Ltd. is under a statutory obligation to supply such energy, once the condition laid down therefor are fulfilled.
Fact of the Case:
Calcutta Municipal Corporation entered into a development agreement with 'cityscape Developers Private Limited (hereinafter referred to as 'cityscape') for redevelopment of the market complex by demolishing the existing buildings and structures. During course of such demolition, the petitioners vacated the shoproom in their respective possession but upon construction of the new market complex, they had been rehabilitated in the ground floor thereof. All the petitioners except the petitioner No. 1 Brojendra Nath Samanta have been taking supply of electrical energy from Calcutta Municipal Corporation. Brojendra Nath Samanta, however, had been taking supply of electrical energy separately from CESC Ltd. also, wherefor three meters had been installed. 'cityscape' in terms of the maintenance agreements entered into with Calcutta Municipal Corporation obtained supply of High Tension Electrical Energy from CESC Ltd.
Finding of the Court:
The CESC Ltd. is admittedly a licensee within the meaning of Section 3 of the said Act. Mr. Bihani, learned counsel appearing on behalf of the Calcutta Municipal Corporation categorically admitted that they had no jurisdiction to issue any direction to the tenants to enter into any arrangement with the "cityscape' as regard taking supply of electrical energy. The said agreement had been entered into only for the purpose of maintenance of the market complex in the terms and conditions laid down therefor in forms of an agreement dated 1-4-96 upon obtaining a no objection certificate granted by the corporation in favour of 'cityscape' to supply for additional power.
Issues: Whether the petitioners can be forced to take supply of electrical energy from 'cityscape' by reason of the purported agreement entered into by it with CESC Ltd.
Ratio Decidendi: Section 22 of the Indian Electricity Act and with the condition of license, thus, clearly casts a statutory duty upon the licensee to supply electrical energy to an owner or occupier of premises. The spirit of the aforementioned provisions is that any occupier or owner of a premises is entitled to receive electrical energy within one month from the date of filing an application therefor.
Final Decision: The CESC Ltd. is, therefore, directed to restore supply of electrical energy to Brojendra Nath Samanta forthwith under the same terms and conditions as was being done independent. It is further directed to grant electrical connection to all other intending consumers who may file their applications or might have filed applications for grant of such electrical energy in terms of Section 22 of the Indian Electricity Act.
( 1 ) BOTH the writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.
( 2 ) C. O. No. 18364 (W) of 1996 has been filed by 16 persons praying inter alia for following reliefs :-" (A) to issue a writ in the nature of mandamus commanding the respondents and/or their agents to forbear from giving any effect and/or further effect to the impugned notice dated 16-9-96. Annexure 'f' issued by the Commercial Executive C. E. S. C. and the notice dated 11 -10-96 issued by the respondent No. 5. Annexure 'h' and rescind, revoke and cancel them all. (b) to issue a writ in the nature of mandamus commanding the respondents to forbear from giving any effect to the appointment of Respondent No. 5 as incharge of the C. M. C. Market, New Alipore by an impugned agreement and rescind, revoke and cancel them all. (c) to issue a writ in the nature of prohibition prohibiting the respondents from taking any steps to disconnect the electricity to the respective stalls/shops from L. T. service as before. (d) to issue a writ in the nature certiorari directing the respondents to transmit and to certify the records of the case including Annexure 'f' and 'h' within such time as may be prescribed by this Hon'ble Court and quash them all. (e) to issue an interim order of injunction restraining the respondents and/or their agents or subordinates from taking any steps to disconnect L. T. Service to the stalls/shops of the petitioners and restraining them further from giving any effect and/or further effect to the notice dated 11-10-96 issued by the Respondent No. 5 Annexure 'h' and restraining them also from interferring with the L. T. Service to the stalls/shops of the petitioners by an order of injunction till the disposal of the Rule. "
( 3 ) THE petitioner No. 1 of the aforementioned writ applications has filed the other writ application being C. O. No. 18909 (W) of 1996 praying inter alia for the following reliefs :- (A) to issue a writ in the nature of mandamus commanding the respondents and/or their agents to forbear from giving any effect and/or further effect to the impugned order passed by the CESC authority to disconnect the electric supply to the wheat grinding machine at Stall No. B- 1 and 2 of the petitioner through the meter Nos. 46129k, 663094k and 440647k as mentioned in paragraph 2 to this petition and rescind, revoke and cancel them all. (b) to issue a writ in the nature of mandamus commanding the respondents and/or her agents to reinstall the said three Industrial meters to the said Meter Room of the CMC Market, New Alipore, Phase-II Building and to reconnect the electric supply to said wheat grinding machine at stall No. B- 1 and 2 of the petitioners and to record meter reading of the said meters of the petitioner month by month along with the CMC meter in the same meter room of CMC. (c) to issue a writ in the nature of certiorari directing the respondents to transmit and to certify the records of the case including the order of disconnection of electric supply to the said Stall No. B- 1 and 2 of the petitioner through the said three meters, within such time as may be prescribed by this Hon'ble Court, and quash them all. (d) to issue a writ in the nature of prohibition prohibiting the respondents from making any obstruction and/or hindrance to the CESC personnel to the access to the meter board position of the petitioner in the said Meter Room of the C. M. C. for taking meter reading month by month. (e) to issue an interim order of injunction restraining the respondents and their agents to forbear from giving any further effect to the impugned order of disconnection of electric supply to the wheat grinding machine of the petitioner at Stall No. 1 and 2 of the said New Alipore Market till the disposal of the Rule. (f) to issue a mandatory interim order directing the respondents to restore electric supply to the Stall No. B-182 of the p
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