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A. S. SUPEHIA
Jitendrabhai Babubhai Patel – Appellant
Versus
Dakshin Gujarat Vij Co. Ltd. (DGVCL) – Respondent
JUDGMENT :
1. Rule. Learned advocate Ms.Lilu Bhaya waives service of notice of rule for and on behalf of the respondent Nos.1 and 2. Though thus Court had cautioned learned advocate Mr.Dave as to whether he would invite an order on merits in wake of an alternative remedy, he has chosen to invite order on merits rather to avail alternative remedy.
2. The present writ petition has been filed inter alia for the following reliefs:
c. Your Lordships be pleased to direct the respondent No. 1 and 2 to grant the electricity connection to the petitioner immediately during pendency of admission, hearing and final disposal of this petition on such terms and conditions as the Hon’ble Court may deem fit.”
2.1 Thus, the petitioner is seeking direction from this Court upon the
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.
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.
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....
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