The central legal point established in the judgment is that 'conclusive evidence' is required to prove dishonest abstraction of energy as mandated by Section 135(1) of the Electricity Act, 2003.

S. Muralidhar, J.

.1. These three writ petitions raise common questions challenging Speaking Orders passed by the Respondent determining that each of the Petitioners is guilty of dishonest abstraction of energy (DAE). The petitions challenge the bills raised by the respondent on the basis of such determination.

.Background Facts

2. The three petitioners reside in the same building at 7, Raj Narain Road, Civil Lines, Delhi - 110 054 on different floors. Each has a different electricity connection. Smt. Jagdish Narayan, the petitioner in WP(C) 10287 of 2005 is a 71 year old lady, living in Apartment No. A-4 and having an electricity connection K. No. 31200137585. Smt. Prakash Narayan, the petitioner in WP(C) 10298 of 2005 is a 86 year old lady, living in Apartment No. A-7 and having an electricity connection K. No. 31200137584. Shri Ashok Narayan, the petitioner in WP(C) 10291 of 2005 is 53 years old, residing in Apartment No. A-3 in the same building and having an electricity connection K. No. 31200137582. The petitioners obtained a domestic 11KW electricity connection from the erstwhile Delhi Vidyut Board (DVB) which has been succeeded by the respondent North Delhi Power Ltd. (NDPL).

.3. The petitions narrate the following facts. Smt. Jagdish Narayan and Smt. Prakash Narayan are widows of the respective co-owners of 7, Raj Narain Road, Civil Lines which is an ancestral property of the family. Shri Ashok Narayan is also a co-owner. The property was reconstructed into several flats some time in 199091 and that is how each of these petitioners came to occupy a separate flat. Smt.

.Jagdish Narayan, whose husband expired in the 1995 has four children: three sons and one daughter. All the four children are married and settled abroad for the last several years and have never resided in the flat in question. She has been visiting them abroad for about four to five months in a year. During her absence, her flat lies locked and there is hardly any consumption of electricity. She resides in one bed room on the ground floor although the children have fitted all the rooms with modern electronic gadgets.

4. Smt. Prakash Narayan, has two children (one son and one daughter). Both children are married. Her daughter is settled in Lucknow for the last more than 20 years and has never resided in the flat in question. Her son is bed-ridden for the last four years and has restricted movements. Her son has two children, one daughter and one son. His daughter has been settled in USA and his son is pursuing Management Studies and is hardly at home. In summer months she uses a desert cooler on the ground floor of her flat. She and her son, who is bed-ridden, do not require an air-conditioner.

5. Shri Ashok Narayan states that one of his sons is studying abroad. As such, the family comprising his wife, his daughter and himself occupy the said flat. None of them is at home during the day on account of their respective occupations.

6. It is stated by Shri Ashok Narayan that in the month of May 2002 he noticed that the glass of the electricity meter had fallen from its position and had broken due to long usage of gluing material leading to weakening of the sealing compound holding the glass. Consequently on 27.5.2002 he wrote out a complaint to DVB which was duly received by in the local office the DVB on the same date. In the month of November 2004 after the Respondent No. 1 announced a Voluntary Disclosure Scheme he sent them a reminder on 29.11.2004 about his faulty meter.

.7. Each of the petitioners state that on 20.4.2005 some officials of the respondent NDPL came to the premises of the petitioners. Stating that they had come to change the meters they sought to check the connected load in the premises. The petitioners allowed the officials of the NDPL to check the connected load. The petitioners were informed that the new meters would be installed within ten days. Thereafter on 21.4.2005 the NDPL officials once again visited the premises for