AI Overview...
- Disconnection of Electricity Without Notice - Main points and insights:
- Regulation 7-A of the Electricity Supply Code (2006) permits disconnection but emphasizes adherence to due process; however, it does not explicitly authorize disconnection without prior notice Kovvuri Trinadha Reddy VS Eastern Power Distribution Corporation of A. P. Ltd - Andhra Pradesh.
- Section 126 of the Electricity Act, 2003, is often cited in disputes; courts have clarified that Section 126 does not grant authority to disconnect power arbitrarily or without following proper procedures Kovvuri Trinadha Reddy VS Eastern Power Distribution Corporation of A. P. Ltd - Andhra Pradesh, SATISH BABUBHAI PATEL VS UNION OF INDIA - Gujarat.
- The Electricity Supply Code, 2005, and related regulations specify conditions under which disconnection may occur, generally requiring notice and adherence to due process, and prohibit illegal disconnections SUVIDHA ENGINEERS INDIA LTD VS PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD. - Allahabad.
- Disconnection without notice, especially in cases of non-payment, is often challenged as violative of the Electricity Supply Code and the provisions of the Electricity Act, 2003 SANJAY BALVANTRAI DESAI VS DAKSHIN GUJARAT VIJ COMPANY LTD - Gujarat.
- Judicial decisions have reinforced that disconnection must follow due process; unauthorized disconnection or disconnection without notice is deemed illegal and violative of consumer rights Kovvuri Trinadha Reddy VS Eastern Power Distribution Corporation of A. P. Ltd - Andhra Pradesh, SANJAY BALVANTRAI DESAI VS DAKSHIN GUJARAT VIJ COMPANY LTD - Gujarat.
- Some cases highlight that disconnection based solely on fluctuations or technical issues must also comply with regulatory procedures and cannot be done arbitrarily Arjas Steel (P) Ltd vs Andhra Pradesh Electricity Regulatory Commission & Ors - Appellate Tribunal for Electricity.
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Regulatory authorities and courts have consistently held that disconnection without notice violates the Electricity Supply Code and the Electricity Act, emphasizing the importance of procedural fairness PRAVEEN KAKAR VS MINISTRY OF ENVIRONMENT AND FOREST - National Green Tribunal.
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Analysis and Conclusion:
- Disconnection of electricity under Section 126 of the Electricity Act, 2003, without prior notice contravenes the provisions of the Electricity Supply Code and is deemed illegal.
- Proper procedural safeguards, including notice and opportunity to be heard, are mandated before disconnection.
- Unauthorized disconnection not only violates regulatory provisions but also infringes on consumer rights, and affected consumers can challenge such actions legally.
- Regulatory authorities and courts have consistently upheld the principle that disconnection must be carried out in accordance with the law, emphasizing fairness and adherence to due process.
References: - Kovvuri Trinadha Reddy VS Eastern Power Distribution Corporation of A. P. Ltd - Andhra Pradesh - SUVIDHA ENGINEERS INDIA LTD VS PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD. - Allahabad - SANJAY BALVANTRAI DESAI VS DAKSHIN GUJARAT VIJ COMPANY LTD - Gujarat - SATISH BABUBHAI PATEL VS UNION OF INDIA - Gujarat - State of Gujarat VS Bilal Ismail Abdul Majid Sujela @ Bilal Haji - Gujarat - Power Company of Karnataka Limited & Anr. vs Udupi Power Corporation Ltd. & Ors. - Appellate Tribunal for Electricity - Arjas Steel (P) Ltd vs Andhra Pradesh Electricity Regulatory Commission & Ors - Appellate Tribunal for Electricity - PRAVEEN KAKAR VS MINISTRY OF ENVIRONMENT AND FOREST - National Green Tribunal
Search Results for "Disconnection of Electricity under 126 Without Notice Voilates Electricity Supply Code"
2007 0 Supreme(AP) 495 • India - Andhra Pradesh
BILAL NAZKI, RAMESH RANGANATHAN, D.APPA RAO
Regulation 7-A of the Electricity Supply Code, which came into force on 04.03.2006, specifically provides for disconnection of power ... Electricity Act, 2003 - Section 126, 185, 154 - Electricity (Supply) Act Section 49(4), 50, 5(1) , 2(7) ... that Section 126 of the Electricity Act, 2003 does not confer any authority to discontinue or disconnect power supply or call upon ... It is true that even....
2009 0 Supreme(All) 3344 • India - Allahabad
ASHOK BHUSHAN, R.A.SINGH
Electricity Supply Code, 2005—Clause 4.49—Electricity Act, 2003—Sections 181 (2), 127, 56(2), 50, 55, 59 and 43 to 48—Furnishing ... contained in Sections 43 to 48, 55 and 59 also—Items included in Section 181(2)—Are fully covered by regulation making powers of State Electricity ... surrounding circumstances and evil sought to be eradicated for enacting that legislation—As such Statement of Objects and Reasons of Supply ... —The State Commission shall specify an Electricity#H....
2012 0 Supreme(Guj) 134 • India - Gujarat
A.L.DAVE, V.M.SAHAI, BHASKAR BHATTACHARYA
Electricity Act, 2003 - Sections 2(51), 43, 50, 56 and 181 - Non-payment of electricity dues by consumer ... Regulatory Commission published vide the Notification, to be inconsistent and ultra vires the provisions of Electricity Act, 2003 ... Ltd. and till then, not to grant the electricity connection to the petitioner is bad, illegal, arbitrary and violative of Article ... The Electricity Supply Code. - The State Commission shall specify an Electricity#HL_E....
2013 0 Supreme(Guj) 486 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
Electricity Act, 2003 – Sections 126, 127 – Electricity Bill –Assessment of – Petitioner is a consumer of ... the petitioner that in the provisional assessment bill there were blanks and the same was a cyclostyled final assessment order without ... electricity supplied by the respondent no.4 company – Electricity Company has provided a single phase meter to the petitioner with ... ... 3.11 Whether the disconnection of the petitioner’s electricity #H....
2017 0 Supreme(Guj) 1723 • India - Gujarat
ANANT S.DAVE, G.R.UDHWANI
Section 366 Criminal Procedure Code arising out of Sessions – Criminal Appeal are filed by accused persons under Section 374 of the Code ... and sentencing 11 accused for capital punishment and 20 accused for life imprisonment case – Criminal appeal under section 391 of Code ... Could not be unclipped for want of electricity supply. ... From his testimony, it appears that he noticed boggy No. S-6 inflames and after the restoration of electricity supply, he could....
2020 Supreme(Online)(APTEL) 12 • India - Appellate Tribunal for Electricity
Chamundeshwari Electricity Supply Corporation Limited (for short “CESCOM”), Gulbarga Electricity Supply Company Limited (for short “GESCOM”), Hubli Electricity Supply Company Limited (for short “HESCOM”), Mangalore Electricity Supply Company Limited (for short “MESCOM”) and Bangalore Electricity Supply ... “Principal Buyers” means Bangalore Electricity Supply Company Limited, Ma....
2024 Supreme(Online)(APTEL) 219 • India - Appellate Tribunal for Electricity
In clause 38.8 of the revised terms and conditions of supply of electricity, the licensee having noticed fluctuations that takes place in the supply of the electricity at the time of starting motors directed that control gear has to be provided to the motor, so that the maximum current demand of the ... ) then required licensing type permission under Section 44 of the Electricity Supply Act, 1948 and was regulated by The APERC. ... and supply of #HL....
2024 Supreme(Online)(APTEL) 390 • India - Appellate Tribunal for Electricity
In clause 38.8 of the revised terms and conditions of supply of electricity, the licensee having noticed fluctuations that takes place in the supply of the electricity at the time of starting motors directed that control gear has to be provided to the motor, so that the maximum current demand of the ... and supply of electricity including facilitating voluntary inter- connections and co-ordination of facilities for inter-State, regional and inter-regional generation ....
1999 0 Supreme(Bom) 331 • India - Bombay
B.N.SRIKRISHNA, UPASANI PRATIBHA
of the Indian Electricity Act, 1910. ... The petitioners are companies registered under the Companies Act, 1956, belonging to the Tata Group of Companies and doing the business of generation, transmission and bulk distribution of electricity in their area of supply in Greater Mumbai under licence granted by the State Government under the provisions ... Bombay Suburban Electricity Supply Company Ltd. and others)2, 1991(2) S.C.C. 538, the Supreme Court observed with respect to judicial review, ... ""The l....
• India - National Green Tribunal NEW DELHI (PRINCIPAL BENCH)
) Regulations, 2016, and Regulation 16 of the HERC Electricity Supply Code Regulations, 2014, read with Section 142 and 146 of the Electricity Act, 2003, which is pending adjudication before the Ld. ... The Applicant being a distribution licensee under the provisions of the Electricity Act, 2003 is bound by the various rules and regulations issued under the Electricity Act, 2003, including the Haryana Electricity Regulatory Commission (Electricity #H....
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