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2014 Supreme(All) 2442
ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Devendra Kumar Upadhyaya, J.
Chandra Prakash Awasthi & 3 Ors. - Appellant
Versus
Chairman Energy Deptt. U.P. Power Corporation & 5 Ors. - Respondent
Misc. Bench No. - 9553 of 2014
Decided On : 23-09-2014
For the Petitioner: Ramesh Prasad Awasthi, Gyan Sagar Awasthi, Smt.Anita Mishra.
For the Respondent: Prashant Arora.
The main legal principle established is the right of flat purchasers to seek individual electricity connections in accordance with the Electricity Supply Code, 2005.
Headnote:
Electricity Connections - Property Rights - The court directed the respondents to provide individual electricity connections to the petitioners in accordance with the Electricity Supply Code, 2005.
Fact of the Case:
The petitioners were flat purchasers seeking individual electricity connections in a property named Prema Apartments at Lucknow. The respondents stated that the builder had applied for a single point electricity connection.
Finding of the Court:
The court directed the respondents to provide the prescribed form for the submission of applications for individual electricity connections to the petitioners. The respondents were instructed to process the applications in accordance with the law and the Electricity Supply Code, 2005.
Issues: The main issue was the provision of individual electricity connections to the petitioners in the property they had purchased.
Ratio Decidendi: The court's decision was based on the directive to the respondents to provide individual electricity connections to the petitioners in accordance with the Electricity Supply Code, 2005, and to process their applications in a timely manner.
Final Decision: The court disposed of the petition, directing the respondents to provide individual electricity connections to the petitioners and allowing them to apply in accordance with the prescribed format. The respondents were instructed to take a decision on the applications within one month of receipt.
Devendra Kumar Upadhyaya, J.
All the petitioners before the Court are stated to be flat purchasers in a property by the name of Prema Apartments situated at Lucknow. The petitioners have sought a direction to the first, second, third and fourth respondents to provide individual electricity connections to them.
2. Learned counsel appearing on behalf of respondents 1 to 4 states that it appears that the builder had applied for a single point electricity connection; however, if the petitioners apply in the prescribed format, for the grant of individual electricity connections, their applications shall be processed in accordance with law, more particularly the Electricity Supply Code, 2005.
3. In this state of the matter, we direct that the fourth respondent shall, within a period of one week from the receipt of a certified copy of this order, provide to the petitioners, the prescribed form for the submission of the applications for the grant of individual electricity connections. The petitioners would be at liberty to apply in accordance with the prescribed format. The first and fourth respondents shall expeditiously take a decision thereon in accordance with law and if any requisitions are required to be fulfilled, a due opportunity would be given to the petitioners to comply with all the necessary requirements. This exercise shall be completed no later than within a period of one month of the receipt of applications from the petitioners.
4. On the request of the learned counsel appearing on behalf of respondents 1 to 4, it would be understood that the petitioners would be approaching the Executive Engineer, Electricity Distribution Division, Lucknow University.
The petition is, accordingly, disposed of. There shall be no order as to costs.
