Point of law: Processing of Application for Supply - Grant of electricity connection to applicant merely on ground that there is a pending dispute in respect of property where electricity connection is sought to be supplied and rightly so as supply of electricity to occupant of a house is fundamentally important to live with dignity under Article 21 of Constitution else it would be mere animal existence.

JUDGMENT :

Heard Sri Suresh Chandra, learned counsel for the petitioner, Sri Shravan Kumar Tripathi for respondent no. 2 and the learned standing counsel.

This writ petition has been filed, seeking a writ of mandamus, commanding the respondents to supply an electricity connection in the name of the petitioner at Flat No. MS-4, Second Floor, Pandav Nagar, Meerut.

1. The petitioner claims to have a registered gift deed dated 17.12.2018 in her favour from her mother in respect of property situate at Flat No. MS-4, 2nd Floor, Pandav Nagar, Meerut. The petitioner applied for electricity connection at the above premises after ensuring due compliance and was accordingly granted electricity connection on 24.8.2020. It appears that on an objection raised by her maternal grand mother Sheela Kalra wife of Late Amarnath Kalra that as the aforesaid property is a subject matter of dispute in Civil Suit No. 333/2020 before the Civil Judge (SD), Meerut, respondent no. 2 proceeded to disconnect the power connection on 31.8.2020. The complainant (Sheela Kalra) is reported to be no more.

2. The sole ground for disconnection is the mere pendency of the above suit.

3. Learned counsel for the Power Corporation in order to defend the impugned action took refuge under Clause 4.4 of the Electricity Supply Code, 2005.

4. The U.P. Electricity Supply Code, 2005 is a compilation of certain obligations of the licensee vis-a-vis the consumers and specifies the set of practices to provide efficient, cost-effective and consumer friendly service to the consumers inter alia dealing with procedure for new connection and for enhancement or reduction of load. Chapter IV of the Code relates to procedure for grant of supply, Clause 4.1 enumerates the obligations on the licensees to supply electricity.

5. Clause 4.4 provides the procedure for processing of an application for supply of electricity which is extracted hereinbelow:-

4.4 Processing of Application for Supply:

(a) Application for new connections, in prescribed form (Annexure 4.1) and complete in all respects and accompanied by the prescribed Registration-cum-processing fee, shall be filed in duplicate in the office, specified by the Licensee, along with -attested true copies of the following documents:

(i) Proof of ownership of the premises in the form of registered sale deed or partition deed or succession or heir ship certificate or deed of last will or Proof of occupancy such as valid power of attorney or latest rent paid receipt or valid lease deed or indemnity form as per Annexure 4.2. Order Copy of appropriate court, in case of litigation regarding ownership of the premises, has to be enclosed.

(ii) Approval / permission / NOC of the local authority, if required under any law / statute.

(iii) In case of a partnership firm, partnership deed.

(iv) In case of a Limited Company, Memorandum, articles of Association, Certificate of incorporation and list of Director’s / certified addresses.

(v) Work completion and Test certificate, on the prescribed format (Annexure 4.4), given by the licensed electrical contractor can be submitted later but prior to commencement of supply.

(vi) Owner’s consent for getting new supply connection. (Annexure 4.3).

(vii) Connections to Jhuggi / huntments / Patri / Shopkeepers shall be given as temporary connection only and shall be engaged through prepaid meters only and the prospective consumer has has to provide Aadhar Card / Pan Card / Ration / Voter ID Card / Driving Licence / Bank Account of Nationalized Bank only (one of these). All the papers issued in regard to this connection will boldly display that the same is a temporary connection and is not a proof of ownership of the said premises.

The conditions mentioned above in sub-clauses (I) to (v) shall not be applicable for the connections released and requested under this sub-clause;

Provided that, these temporary connections shall be up to 2 KW only; it shall be the responsibility of the licensee to ensure electrical safety in such case.