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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Michael Zothankhuma,
Cinnamara Roller Flour Mills – Appellant
Versus
Assam Power Distribution Co. Ltd – Respondent
JUDGMENT AND ORDER :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. G.N Sahewalla, learned Sr. Counsel for the petitioner assisted by Ms. G. Dugar. Also heard Mr. K.P. Pathak, learned Standing Counsel, APDCL.
2. The petitioner has assailed the order dated 06.03.2017 passed by the Appellate Authority of the APDCL under Section 127 of the Electricity Act, 2003, hereinafter referred to as the “Act”, rejecting the appeal preferred by the writ petitioner against the order dated 20.05.2016, passed by the Area Manager, IRCA, APDCL, Jorhat under Section 126, by which the petitioner has been informed that the provisional assessment bill amounting to Rs.37,32,764/- was considered as the final assessment bill for unauthorized use of electricity.
3. The brief facts of the case is that on the night of 15.12.2014, the petitioner’s meter caught fire and became non-functional. The said fact was brought to the notice of the concerned Area Manager of the APDCL on 16.12.2014. Seizure list was prepared and inspection report of the APDCL authorities stated that the meter cabinet was found burnt in sealed condition bearing Seal No.JEC-013958. The cabinet glass was also found in broken condition. The seized burnt mete
The court affirmed that unauthorized use of electricity was established through tampering with the meter, justifying the final assessment bill under the Electricity Act.
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The court upheld the validity of the assessment bill for unauthorized use of electricity based on proven tampering of meters, affirming the appellate authority's findings.
The appellate authority under Section 127 of the Electricity Act, 2003 cannot enhance an assessment bill without a cross-appeal and must adhere to principles of natural justice, including providing n....
The assessment of unauthorized electricity use necessitates adherence to connected load guidelines, with special consideration given to meter tampering issues under Section 126 of the Electricity Act....
The main legal point established in the judgment is that the Appellate Authority erred in reducing the periods of assessment for unauthorized use of electricity, as defined by the provisions of Sec.1....
Unauthorized use of electricity under Section 126 requires actual consumption beyond authorized load; mere extension of load without use does not qualify.
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