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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Damodar Valley Corporation – Appellant
Versus
Saluja Steel and Power Private Limited – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This intra Court appeal is at the instance of Damodar Valley Corporation (for short “DVC”) and is directed against the Judgment and Order dated March 24, 2023 passed by a learned Single Judge in WPA 1853 of 2023.
2. By the impugned judgment and order, the writ petition was allowed thereby quashing the demand for outstanding dues of the erstwhile consumer dated November 29, 2022 made by DVC from the writ petitioners/respondents herein. DVC was directed to forthwith give new electricity connection to the respondents at the premises-in-question upon compliance of all other formalities by the respondents.
3. Facts giving rise to the writ petition and this appeal, in a nutshell, are as follows.
The respondents herein purchased an immovable property situated at village Mahathadih Gadi Sirampur, Giridih being Plot Nos. 412, 413, 414, 415, 416, 418, 404, 233, Dag No./Khesra Nos. 30, 25, 33, Mauja Mahathadih measuring about 10 acres 18.5 decimals (hereinafter referred to as the “said premises”) from M/s Biswanath Ferro Alloys along with Nirbhay Kumar Shahabadi by 4 registered deeds of sale for valuable consideration. The respondents intended to operate a
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.
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.
(1) Duty to supply electricity under Section 43 of 2003 Act is not absolute and is subject to such charges and compliances stipulated by Electric Utilities as part of application for supply of electr....
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....
Regulation mandating deposit of previous consumer's electricity dues for new connections is lawful, ensuring protection of distribution licensee's interests.
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