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ASOK KUMAR GANGULY, I.MAHANTY
KRISHNA GARDEN WELFARE ASSOCIATION – Appellant
Versus
CENTRAL ELECTRICITY SUPPLY COMPANY OF ORISSA LTD – Respondent
Key Points: - The court held that CESCO had a statutory obligation to provide individual power connections to allottees in Krishna Garden Phase-II under Section 43, Electricity Act, 2003, and the Tariff Order of 22-3-2005. (!) - Section 43 imposes duties on the distribution licensee to supply on request within one month and to provide electric plant/lines if required, with a penalty for default. (!) - Tariff Order 22-3-2005 clarifies that owners/occupiers can be provided with individual connections and cannot be denied if they desire, aligning with the Code provisions for single-point or individual connections. (!) (!) - The petitioner society is a legal entity with locus standi to seek enforcement of these duties against CESCO for its members. (!) - The court directed CESCO to provide individual power connections to allottees, evaluate the existing installations (500 KVA substation), and bill the arrears on domestic tariff, with phased timelines for installation and payment. (!) (!) - The order also required CESCO to ensure arrear computations and future billing on domestic tariff for three months, with the society responsible to ensure member payments. (!)
I. MAHANTY, J.
( 1 ) THE Krishna Garden welfare Association a registered society under the Societies Registration Act, 1860 which has been established with an object of looking after welfare and development of the house owners of Krishna Garden Community, phase-II situated at Barbari, khandagiri, Bhubaneswar in the District of khurda, has filed the present writ petition seeking various reliefs, but in course of hearing of this matter, the petitioner has confined its prayer to Clause b of the prayer which is quoted herein below : " (b) Direct O. P. No. 1 to take over the HT and LT installations of Krishna Garden Complex (phase-II) including the service connections and supply electricity directly to the individual consumers and submit bill as per the approved rate for domestic consumers and O. P. No. 1 be restrained from disconnecting the 'single point' H. T. supply till a final decision is arrived at in the present writ application. "
( 2 ) FROM the pleadings in the present proceeding, it is clear that one M/s. Krishna estate Construction Pvt. Ltd. (opposite party no. 3) promoted the development of an area at Barabari, Khandagiri, Bhubaneswar, which is known as Krishna garden Phase
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