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SABYASACHI BHATTACHARYYA
Saluja Steel & Power Private Limited – Appellant
Versus
Damodar Valley Corporation – Respondent
JUDGMENT
1. The present writ petition has been filed against a claim made by the respondent no.1-Damodar Valley Corporation (DVC) vide communication dated November 29, 2022 whereby the petitioner no.1-Company was requested to make two payments for the periods up to April, 2010 and from May, 2010 to August, 2012, which were outstanding dues in respect of M/s. Biswanath Ferro Alloys, the petitioner’s vendor, as a condition for giving a new electricity connection to the petitioners.
2. It was also indicated in the said communication that Delayed Payment Surcharge (DPS) would be applicable as per the prevailing Jharkhand State Electricity Regulatory Commission (JSERC) Regulations.
3. The Learned Senior Advocate appearing for the petitioners argues that the dues were for a period much prior to the purchase of the property by the petitioner no. 1 by direct sale from its vendor.
4. The dues were for the period April, 2010 to August, 2012, whereas the petitioner no.1 purchased the property-in-question by four deeds between the years 2019 and 2020.
5. It is contended that such claim was made despite the petitioners having made the usual payments and complying with all formalities as required und
In the absence of any nexus between the new owner and the previous owner/occupant, the new owner is not liable for outstanding electricity dues left by the previous owner/occupant.
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
That electricity dues, where they are statutory in character under the Electricity Act and as per the terms and conditions of supply, cannot be waived in view of the provisions of the Act itself more....
An encumbrance to be a charge must be such a burden on land which, by reason of a statutory provision diminishes value of the land and such a burden, therefore, is capable of being found out on inspe....
The main legal point established in the judgment is the interpretation and application of Regulation 46/WBERC, which requires an intending consumer to pay all outstanding dues to the licensee in resp....
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