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VIKRAM NATH, BIREN VAISHNAV
PASCHIM GUJARAT VIJ COMPANY LIMITED THROUGH DEPUT ENGINEER – Appellant
Versus
GHANSHYAMSINH AMARSINH GOHIL – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1 The appellant Paschim Gujarat Vij Company Limited (P.G.V.C.L for short) was the original respondent in the Special Civil Application No. 19061 of 2018 which was decided by the learned Single Judge by oral judgment dated 12.12.2019. Ghanshyamsinh Amarsinh Gohil, the original petitioner, had approached the learned Single Judge assailing a communication dated 17.10.2018 issued by the appellant. By the aforesaid communication, the appellant refused to entertain the request of the respondent – petitioner for a new connection for supply of electricity unless and until the outstanding dues to the tune of Rs.1,07,62,381.31 paisa of the previous owner of the land, namely, Chhatrasinh alias Satubha Sarvaiya are paid. The learned Single Judge by the judgment under challenge allowed the petition and held that the appellant electricity company could not have rejected the application filed by the petitioner for a new connection for the supply of electricity as there were no outstanding dues with regard to the land in question.
2. The facts in brief are as under:
2.1 Chhatrasinh alias Satubha Sarvaiya was the owner of land being Survey No. 16 paiki 5 paiki 1. The total
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....
The electricity company is entitled to deny a new connection until all related dues are cleared, in accordance with regulatory provisions.
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....
Past liabilities of a corporate debtor cannot be imposed on the auction purchaser when seeking a new connection, based on the clean slate principle under insolvency law.
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.
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