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HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
R. Umamaheswari - Appellant
Versus
The Chairman cum Managing Director, Chennai & Others - Respondents
WP No. 1692 of 2017 & WPMP Nos. 1660 & 1661 of 2017
Decided On : 30-03-2023
Electricity Act - Unauthorized Use of Electricity Service Connection - Section 126 of the Electricity Act, 2003 - G.O.Ms.No.245, Public Works Department, dated 14.12.2015 - [SUMMARY OF ACT SECTIONS REFERENCED AND DISCUSSED]
Fact of the Case:
The petitioner seeks to quash the final order of assessment for unauthorized use of Electricity Service Connection under Section 126 of the Electricity Act, 2003. The petitioner claims to use the electricity for agricultural purposes only, while the authorities allege illegal tapping of water from Bhavani River for commercial use.
Finding of the Court:
The court found that the petitioner had illegally tapped Bhavani River water for commercial use, despite having a separate Electricity Service Connection for agricultural purposes. The court upheld the Final Assessment Order, dismissing the petitioner's claims and criminal case against them.
Issues: The main issue was whether the petitioner had unlawfully used the Electricity Service Connection for tapping water from Bhavani River for commercial purposes, despite having a separate connection for agricultural use.
Ratio Decidendi: The court relied on the provisions of Section 126 of the Electricity Act, 2003 and the Government Order G.O.Ms.No.245, Public Works Department, dated 14.12.2015 to determine the unauthorized usage of the Electricity Service Connection. The court emphasized that the petitioner's permission to draw water from Bhavani River did not justify the unauthorized use of the Electricity Service Connection for commercial purposes.
Final Decision: The court dismissed the writ petition, upholding the Final Assessment Order and finding no merit in the petitioner's claims. The connected miscellaneous petitions were also dismissed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the fourth respondent herein pertaining to his proceedings Lr.No.AEE/O&M/BSR/F Dkt/D182/16-17 dated 28.11.2016 and quash the same.)
1. The writ petition has been instituted to quash the final order of assessment for unauthorised use of Electricity Service Connection as per Section 126 of the Electricity Act, 2003 issued by the fourth respondent in proceedings dated 28.11.2016.
2. The petitioner states that she is the absolute owner of the agricultural land to an extent of 4.31.5 Hectares for SF Nos.480/2, 481 and 484 at Pudhupeerkadavu Village. The petitioner has irrigated the abovesaid lands from extracting water from the Well situate in SF No.310/2 at Tathapuli village. The Well situates at the distance of about 400 meters from the Bhavani River. The petitioner after obtaining necessary permission from the Competent Authorities and by paying the charges, has laid an underground pipe line and is irrigating her agricultural lands. The petitioner has been provided with an Electricity Service Connection bearing Service No.362-007-1317 for the said Well.
3. In the year 2015, the Assistant Executive Engineer Public Works Department had issued a letter with an allegation that the petitioner has misused the Electricity Service Connection for illegal tapping of water from Bhavani River. Certain false allegations are raised against the petitioner by the Authorities.
4. The petitioner states that she is using water taken from the Well only for her land and is not supplying water to M/s.Akshera Paper Mills (P). Ltd., as alleged by the Authorities. The petitioner further states that she has not committed any such offence or illegality and thus the actions of the respondents are to be set aside.
5. The learned Senior Counsel appearing on behalf of the writ petitioner mainly contended that the writ petitioner earlier filed WP No.20326 of 2015 challenging the order passed by the Junior Electrical Engineer in proceedings dated 01.07.2015.
6. This Court passed an interim order on 08.07.2015 considering the fact that the writ petitioner is using the Electricity Service Connection to take water from her Well for irrigation purposes. The Well existing 100 meters away from the Bhavani River. She is using the water tapping from the Well only for agricultural purposes and not supplying water to M/s.Akshera Paper Mills (P) Ltd situate near by the area. The impugned order in the said writ petition was passed without any notice to the writ petitioner and accordingly, this Court passed an interim order of status quo.
7. The said writ petition filed by the petitioner in WP No.20326 of 2015 was finally dismissed by this Court on 04.01.2022 and a direction was issued by this Court to the respondents to conduct an inspection in coordination with the Authorities of the Water Resources Organisation, so as to find out the illegality of water tapping from Bhavani River. Six weeks time was granted to the respondents to complete the inspection and accordingly, that writ petition was disposed of.
8. The learned Senior Counsel appearing on behalf of the petitioner drew the attention of this Court with reference to the Government Order issued in G.O.Ms.No.245, Public Works Department, dated 14.12.2015, wherein M/s. Akshera Paper Mills (P) Ltd., Pasavapalayam, Sathyamangalam Taluk, Erode District was permitted to draw water from Bhavani River for commercial purposes for a period of five years. Permission was granted based on terms and conditions.
9. The Annexure to the Government Order imposed 51 conditions and one of the condition is that “The Company shall tap only the running water and tapping of spring water is strictly prohibited”. Therefore, the said M/s. Akshera Paper Mills (P) Ltd., the Government got permission for drawal of water from Bhavani River on certain terms and conditions. Thus the allegation against the petiti
AI
The central legal point established in the judgment is that the unauthorized use of Electricity Service Connection is to be determined in accordance with the provisions of the Electricity Act, 2003, ....
The provisional assessment of charges payable by a person indulging in unauthorized use of electricity must be made by the assessing officer on the basis of his own judgment after inspection of the p....
The court's decision emphasized the authority of the respondent authorities to invoke specific regulations under the Electricity Act and upheld the final assessment order.
If the unauthorized use of electricity cannot be ascertained alone, such period shall be limited to a period of 12 months immediately preceding the date of inspection.
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.
Unauthorized use of electricity occurs when electricity is used in premises not covered by the original connection, necessitating a separate application for supply.
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