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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Punjab State Power Corporation Ltd. – Appellant
Versus
Rinku Singh – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the permanent lok adalat in electricity theft cases. (Para 1) |
| 2. setting aside the pla award. (Para 2) |
| 3. confirmation of deposit by respondent no.1. (Para 3) |
| 4. writ petition is disposed of. (Para 4) |
JUDGMENT :
Suvir Sehgal, J.
1. A short issue that arises for determination in this writ petition is as to whether the Permanent Lok Adalat (Public Utility Services) can interfere in a matter where the petitioner i.e. the Punjab State Power Corporation Ltd. has issued notices under Section 135 of the Electricity Act, 2003 (for short - ‘the Electricity Act’) alleging theft of electricity. This issue stands settled by a Co-ordinate Bench of this Court in Dakshin Haryana Bijli Vitran Nigam Ltd. and Anr. Versus Permanent Lok Adalat, Public Utility Services, Gurgaon & Anr., 2016 (2) PLR 634. This Court has specifically held that in cases of theft of electricity, assessment has to be made under Section 154 (5) of the Electricity Act and the Special Court established under Section 153 (1) of the Electricity Act has been conferred with the jurisdiction to challenge the proceedings.
2. In view thereof, impugned award passed by PLA, PUS is set aside.
3. During the pend
The jurisdiction over electricity theft assessments lies with the Special Court as per the Electricity Act, not the Permanent Lok Adalat.
Point of Law : Permanent Lok Adalat has, , clearly fallen into an error in adjudicating dispute instituted by the applicant on it's merits, when it could not effect the conciliation/settlement betwee....
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
The Permanent Lok Adalat does not have jurisdiction to adjudicate disputes arising under the Electricity Act, 2003, as the Act provides a complete mechanism for grievance redressal and bars civil cou....
The Electricity Act, 2003 is a complete code that bars the jurisdiction of the Permanent Lok Adalat in disputes regarding provisional assessments under Section 126.
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