The disconnection of domestic electric connection is not permissible under the Electricity Act in the case of unauthorized use of electricity.

Short counter affidavit filed today is taken on record.

2. Heard Ms. Pushpila Bisht, learned counsel for the petitioner and Mr. Kapil Mishra, learned counsel for the Corporation-respondents.

3. With the consent of the learned counsel for the parties, the petition is disposed of finally.

4. The petitioner though challenges the impugned notice dated 28.3.2011 contained in Annexure No.1 and also seeks the quashing of the inspection report dated 18.3.2011 with a further prayer that the respondents be directed to connect the domestic electric connection of the petitioner and during the course of argument, learned counsel for the petitioner stated that the petitioner would submit reply/objection to the provisional assessment notice dated 28.3.2011 and proceedings of assessment may be conducted in accordance with rules but in the meantime, the respondents be directed to restore the domestic electric connection of the petitioner.

5. In short, the facts of the case are that the petitioner had domestic electric connection of 3 KW which was given to him in the year 1995. The said electric connection was being used by the petitioner and he is paying the electricity dues accordingly. On 18.3.2011, the electric connection was disconnected as raiding team of the Corporation found that there was unauthorised use of the electricity inasmuch as the electricity was being used commercially for running cable network to the extent of 700 KW. This inspection was made on 18.3.2011. It appears that electric connection was disconnected on that very date at the time of inspection and thereafter, a notice of provisional assessment was issued on 28.3.2011.

6. Assailing the inspection on the factual ground that there was no unauthorised use of the electricity by the petitioner, the learned counsel for the petitioner also submitted that very fact that the inspection report was not furnished/ sent to the petitioner on that very date or on the next date in terms of clause 6.8(v) of the Electricity Supply Code, 2005 goes to indicate that entire action was malafide and against the Code. Further submission is that there was no power under the Code to disconnect the domestic connection and as a matter of fact there is a specific bar in doing so but even then the authorities disconnected the electric connection.

7. The learned counsel for Corporation Sri Kapil Mishra relying upon short counter affidavit filed by the Corporation particularly paragraph 11 submitted that the provisional assessment notice has been sent to the petitioner under clause 6.8(b) (i) and the petitioner is at liberty to submit his reply/ objection and thereafter if he is aggrieved by the assessment, he can challenge the same in appeal. He submitted that there was no illegality in conducting the raid and even if the inspection report was not sent or despatched on the said date or the very next date, it would not vitiate the proceedings as the said provision is directory particularly when the provisional assessment notice has been served upon to the petitioner.

8. In para 16 of the counter affidavit, it has been submitted that the disconnection of the electricity supply has been done in terms of Code 8 (vii), (viii) and (iv) which specifically provides that in case of apprehension of evidence or continuation of misuse, immediate disconnection can be done. In the instant case, there was an apprehension of continuation of misuse of electricity, therefore, it was considered necessary to disconnect the electricity supply. In the same paragraph, it has also been curiously stated that since the misuse of electricity has been detected under Section 126 of the Act, the provisions of Section 135 and procedure of disconnection thereof under the Code 8.1 are not attracted in the present case.

9. In view of the submission made in paragraph 16 of the counter affidavit of the Corporation read with provisional assessment notice which has been made under Section 126 of the Act, there remains no doubt that the Corporat

Click Here to Read the rest of this document