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2022 Supreme(P&H) 2064

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vinod S. Bhardwaj, J.
Uttar Haryana Bijli Vitran Nigam Limited & Ors. – Appellants
Versus
Shyam Lal & Anr. – Respondents
CWP-10661 of 2021 (O&M)
Decided On : 02-11-2022

Advocates appeared:
Mr. R.S. Longia, Advocate, for the Appellant; Mr. D.K. Sharma, Advocate, Mr. Jitender Singh Chahal, Advocate, and Mr. Digvijay Singh, Advocate, for Mr. Sanjay Verma, Advocate, for the Respondent.

Headnote:

PERMANENT LOK ADALAT - INTERIM ORDER - POWER - [SECTION 22-C OF THE LEGAL SERVICES AUTHORITIES ACT, 1987] - Permanent Lok Adalat (Public Utility Services) has the power to grant interim orders in an application submitted under Section 22-C of the Legal Services Authorities Act, 1987. The power to grant interim orders is incidental and ancillary to the substantive power conferred upon the Permanent Lok Adalat to decide disputes finally. The principles of natural justice, objectivity, fair play, equity, and other principles of justice guide the Permanent Lok Adalat while conducting conciliation proceedings or deciding a dispute on merits. These principles empower the Permanent Lok Adalat to grant interim orders to prevent irreparable harm or to maintain the status quo until the final decision is made.

Fact of the Case:

The Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL) challenged the interim order passed by the Permanent Lok Adalat (Public Utility Services), Yamuna Nagar, which directed UHBVNL to restore the electricity connection to the petitioner, subject to depositing 25% of the disputed amount and paying the routine electricity bill regularly, till further orders. The petitioner argued that the Permanent Lok Adalat did not have the power to grant interim orders, and that the order was passed without following the procedure prescribed under Section 22 C (1) and (4) to (7) of the Legal Services Authorities Act, 1987.

Finding of the Court:

The court held that the Permanent Lok Adalat (Public Utility Services) has the power to grant interim orders in an application submitted under Section 22-C of the Legal Services Authorities Act, 1987. The power to grant interim orders is incidental and ancillary to the substantive power conferred upon the Permanent Lok Adalat to decide disputes finally. The principles of natural justice, objectivity, fair play, equity, and other principles of justice guide the Permanent Lok Adalat while conducting conciliation proceedings or deciding a dispute on merits. These principles empower the Permanent Lok Adalat to grant interim orders to prevent irreparable harm or to maintain the status quo until the final decision is made.

Issues: 1. Whether the Permanent Lok Adalat (Public Utility Services) has the power to grant interim orders in an application submitted under Section 22-C of the Legal Services Authorities Act, 1987? 2. Whether the interim order passed by the Permanent Lok Adalat (Public Utility Services) in the present case was appropriate and ought to have been granted under the given circumstances?

Ratio Decidendi: 1. The power to grant interim orders is incidental and ancillary to the substantive power conferred upon the Permanent Lok Adalat to decide disputes finally. 2. The principles of natural justice, objectivity, fair play, equity, and other principles of justice guide the Permanent Lok Adalat while conducting conciliation proceedings or deciding a dispute on merits. 3. These principles empower the Permanent Lok Adalat to grant interim orders to prevent irreparable harm or to maintain the status quo until the final decision is made.

Final Decision: The petitions challenging the interim order passed by the Permanent Lok Adalat (Public Utility Services) were dismissed. The Permanent Lok Adalat (Public Utility Services) was directed to decide the pending applications within six months of the receipt of the certified copy of the order.

JUDGMENT

Vinod S. Bhardwaj, J. - The question which arises in the present batch of petitions is as to whether the Permanent Lok Adalat (Public Utility Services) is vested with the power to grant interim order in an application submitted under Section 22-C of the Legal Services Authorities Act, 1987 (hereinafter referred to as 'the Act of 1987')

2. Learned counsel appearing on behalf of the parties are ad idem that as a common question of law arises for determination in the instant batch of petitions, hence, all the cases can be decided by a common order.

3. For the facility of reference, the facts have been extracted from CWP No.10661 of 2021 titled as 'UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ORS. VS. SHYAM LAL AND ANR.'

4. Briefly summarized, the facts of the instant case are that the Uttar Haryana Bijli Vitran Nigam Limited (hereinafter to be referred as 'UHBVNL') has filed the instant writ petition raising a challenge to the order dated 22.12.2020 (Annexure P-4) passed by the Permanent Lok Adalat (Public Utility Services), Yamuna Nagar, whereby the Permanent Lok Adalat (Public Utility Services) has directed as under:-

    'Power of attorney filed. But written statement not filed by respondents. Prayed for adjournment. Allowed. Be filed on 21.01.2021.

    In the meanwhile, interim stay is granted till further orders and respondents are directed to restore the electricity connection to the petitioner bearing Account No.Y45BG440190X subject to depositing the 25% of the disputed amount and to pay the routine electricity bill regularly, till further orders."

    5. As per the case set up in the petition, respondent No.1-applicant Shyam Lal is alleged to not paying the electricity bills and also not allowing the disconnection of the supply of electricity and instead has been resorting to obstructing and threatening the officials of the petitioner - distribution licensee with the help of the members of the Kissan Union. The electricity meter had been declared dead w.e.f. June 2018 and minimum charges were being ascertained and that even the said minimum charges were not being paid. On account of the huge arrears accumulated towards the consumption charges and accumulated charges thereupon, a bill for a sum of Rs.1,06,689/-was issued to him in the month of October, 2020 for the amount till then. The same was not deposited despite expiry of the last date prescribed therein. Accordingly, a demand notice dated 07.12.2020 (Annexure P-1/B) was served upon him for an amount of Rs.1,09,875/-. The connection was disconnected on 18.12.2020 for failure of respondent No.1 to deposit the outstanding arrears.

    6. That instead of clearing the arrears of bill, respondent No.1-applicant moved an application (Annexure P-2) before the Permanent Lok Adalat (Public Utility Services), Yamuna Nagar, for settlement with the petitioners and also submitted an application for grant of interim injunction alleging that the meter was defective and that he had made an application for settlement under One Time Settlement Scheme as per which he was required to deposit an amount of Rs.18,713/- and had deposited a sum of Rs.4,500/-on 31.01.2019. The balance amount could not be deposited on account of outbreak of Covid - 19 pandemic, however, he was still served with the energy consumption bill in the month of October 2020 and his request for correction of the same was not accepted.

    7. Notice was issued by the Permanent Lok Adalat (Public Utility Services), Yamuna Nagar, to the petitioner distribution licensee on 15.12.2020 requiring them to appear on 21.12.2020. The said summon was delivered on 17.12.2020. The case in question had been adjourned to 22.12.2020. The petitioner distribution licensee appeared before the Permanent Lok Adalat (Public Utility Services), Yamuna Nagar, on 22.12.2020 and sought time to file reply however, while adjourning the case, the petitioner distribution licensee was directed to restore supply of electricity to the consumer subject to his depositing 25% of

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