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Appeal No.48 of 2013
Page 1 of 52
Appellate Tribunal for Electricity
(Appellate Jurisdiction)
Dated:25th Mar,2014
Present: HON’BLE MR. JUSTICE M KARPAGA VINAYAGAM,
CHAIRPERSON
HON’BLE MR. RAKESH NATH, TECHNICAL MEMBER
1.
Gujarat Electricity Regulatory Commission
Appeal No. 48 of 2013
Paschim Gujarat Vij Company Limited.,
Corporate Office,
Nana Mava Main Road,
Laxminagar,
Near Bhaktinagar Railway Station
Rajkot, Gujarat-360 004
... Appellant
Versus
1st Floor, Neptune Tower,
Ashram Road,
Ahmedabad-380 009
2.
Rolex Rings Pvt Limited.,
Gondal Road, Village: Kotharia,
District: Rajkot,
Gujarat-360 004
3.
Madhya Gujarat Vij Company Limited.,
Sardar Patel Vidyut Bhavan,
Race Course,
Vadodara-390 007
Appeal No.48 of 2013
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4.
Dakshin Gujarat Vij Company Limited.,
Kapodara, Nana Varachha Road,
Surat-395 006
5.
Uttar Gujarat Vij Company Limited.,
Corporate Office, Visnagar
Mehsana-384 001
6.
Torrent Power Limited.,
Torrent House,
Off.Ashram Road,
Ahmedabad-380 009
7.
Torrent Power Limited.,
Surat (TPL-S)
‘Torrent House’, Station Road,
Surat-395 003
8.
Kandla Port Trust,
Nisomess Development Cell,
PO Box No.50, Administrative Building,
Gandhidham, Kutch
Gujarat-370 201
9.
MPSEZ Utilities Pvt Limited.,
Adani House,
Near Mithakhali Circle
Navrangpura,
Ahmedbad-380 009
10. Jubilant Infrastructure Pvt Limited.,
24-25/39-40, 1st Floor,
Shri Rang Palace,
Appeal No.48 of 2013
Page 3 of 52
Rang Multiplex, Zadeshwar Road,
Bharuch-392 012
11. Synefra Company Limited.,
Survey No.26, Village Pipaliya,
Taluka Waghodia,
Distt-Vadodara-391760
Gujarat
Respondent(s)
Counsel for the Appellant (s):
Mr. Anand K Ganesan
Ms. Swapna Seshadri
Ms. Swagatika Sahoo
Counsel for the Respondent (s):
Mr.Prabjot Bhullar
Mr. Karan Bharihoke for R-2
Mr. Vishal Gupta
Mr. Kumar Mihir for R-6 & 7
Mr. M Rupera
Mr. Pratik for R-9
J U D G M E N T
1. Paschim Gujarat Vij Company Limited is the Appellant
herein.
PER HON’BLE MR.JUSTICE M.KARPAGA VINAYAGAM,
CHAIRPERSON
2. The Appellant, aggrieved by the Impugned Order passed
by the Gujarat State Commission dated 10.12.2012
allowing the Petition filed by the Respondent, M/s. Rolex
Rings Private Limited, the consumer by directing the
Appeal No.48 of 2013
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Appellant to permit the consumer to lay down its own
electric supply lines across the public road.
3. The short facts are as follows:
(a)
The Appellant is the Distribution Licensee in the
State of Gujarat. The Gujarat State Commission is the
First Respondent. M/s. Rolex Rings Private Limited., the
consumer of the Appellant is the Second Respondent.
The other Respondents are the other Distribution
Licensees.
(b)
Rolex Rings Private Limited, the Respondent has
a manufacturing facility on an industrial land bearing
Revenue Survey No.210 at village Kotharia, District
Rajkot, Gujarat.
(c)
Rolex Rings Private Limited, being the consumer
of the Appellant has an existing 66 KV EHV connection
from the Appellant Distribution Licensee. The consumer
also owns other lands in the same village in the Revenue
Survey No.206/1 as well as in Revenue Survey Nos.172
and 174.
(d)
The premises ‘A’ is situated in Revenue Survey
No.210, premises ‘B’ is situated in Revenue Survey
No.206/1 and premises ‘C’ is situated in Revenue
Survey Nos.172 & 174.
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(e)
Premises ‘A’ and ‘B’ are separated by a public
road of 18 metres width. Premises ‘A’ and ‘C’ are
separated by a public road of 12 metres width. The
Public roads are belonging to the Gram Panchayat.
Rolex Rings Private Limited earlier had an electric
connection at Premises ‘C’. However, this connection
was disconnected at the request of M/s. Rolex Rings Pvt
Limited on 10.8.2011 as they had intended to utilize the
power supply from the existing connection at Premises ‘A’.
(f) M/s.
