Leela Devi vs H.P. State Electricity Board Ltd. & Others

Type of service connection

required.","Period from date of receipt of application within

which demand notice should be issued.

Low Tension (LT) supply,(10) days

11KV supply,(15) days

22KV supply,(15) days

33KV supply,(30) days

Extra High Tension (EHT) supply,(60) days

“(1) Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give",

supply of electricity to such premises, within one month after receipt of the application requiring such supply: Provided that where such supply requires",

extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately",

after such extension or commissioning or within such period as may be specified by the Appropriate Commission.,

Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may",

extend the said period as it may consider necessary for electrification of such village or hamlet or area.,

(2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises",

specified in sub-section (1):,

Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a",

separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission.,

(3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend",

to one thousand rupees for each day of default.â€​,

The plea of respondents, that for want of ownership of land whereupon premises/house of petitioner is situated, the connection cannot be released",

to her, is not sustainable in view of definition of applicant as provided in HPERC Regulations, wherein it is clearly defined that applicant means",

“owner or occupier of any premisesâ€, who makes an application to the distribution licensee for supply of electricity and Regulation 3 of HPERC",

as well as Section 43 of the Electricity Act cast a duty upon the distribution licensee to supply the electricity on application by owner or occupier of,

premises after completion of all necessary formalities. As evident from the relevant provisions referred supra, it is not necessary that for applying to a",

electricity connection, applicant should be owner, as in the Act and Regulations even an occupier of the premises has also been considered a",

competent applicant for having electricity connection in the premises occupied by him/her. In present case, it is undisputed that petitioner is occupier of",

the premises, to which she is seeking electricity connection as it is stand of respondents that Service Connection Order to the premises possessed by",

petitioner was issued, but not executed for objections of neighbours, which is not a valid ground for not providing electricity connection to the",

petitioner.,

Regulation 3 of HPERC Regulations provides that after making good all deficiencies and on completion of codal formalities by the applicant,",

distribution licensee shall issue a demand notice to the applicant indicating the exact amount of charges and security to be deposited by the applicant.,

In present case that stage is over and on demand raised by respondents, petitioner has deposited `10,008/- on",

6th July, 2019. After deposit of amount, within stipulated time as prescribed in Regulations referred supra, respondents were bound to release the",

electricity connection by taking all necessary steps for which distributor licensee is entitled and empowered, but the respondents have taken plea that",

for objection raised by neighbours of petitioner connection could not be provided. To support that plea, copy of representation purported to be made by",

villagers, has been placed on record as Annexure R-2, but this representation is not only undated, but also unsigned and complete particulars of",

villagers, whose names have been typed thereon, have also not been mentioned.",

Section 164 of The Electricity Act, 2003, empowers any public officer, licensee or any person engaged in the business of supplying electricity",

under this Act, for placing electric lines for transmission of electricity, to exercise any of the powers which the Telegraph Authority possesses under",

the Indian Telegraph Act, 1985 with respect to placing of telegraph lines and posts for the purpose of a telegraph established or maintained, by the",

Government or to be so established or maintained, however, these powers are subject to condition and restriction, if any, imposed by the appropriate",

Government.,

Part III of The Indian Telegraph Act, 1885 provides power of Telegraph Authority to place telegraph lines and posts, wherein Section 10",

empowers Telegraph Authority, from time to time, to place and maintain a telegraph line under, over, along, or across, and posts in or upon, any",

immovable property subject to procedure prescribed in the said Section.,

Apart from aforesaid provisions of the Electricity Act and Indian Telegraph Act, 1985, Central Government has framed and notified ‘Works of",

Licensees Rules, 2006’, wherein under Rule 3(1), a licensee has been empowered to carry out works, lay down or place any electric supply line or",

other works in, through, or against, any building, or on, over or under any land whereon, whereover or whereunder any electric supply-line or works",

has not already been lawfully laid down or placed by such licensee, with the prior consent of the owner or occupier of any building or land, and where",

owner or occupier of the building or land raises objection in respect of works to be carried out under this Rule, licensee shall obtain permission in",

writing from District Magistrate or Commissioner of Police or any other Officer authorized by the State Government in this behalf for carrying out the,

works and carrying of the aforesaid works and grant of permission by the concerned Authority shall be subject to further procedure provided under,

these Rules. Further Rule 3(4) provides that nothing contained under this rule shall affect the powers conferred upon any licensee under Section 164,

of the Electricity Act.,

From the aforesaid provisions of the Electricity Act, 2003 and The Indian Telegraph Act, 1885, read with Works of Licensees Rules, 2006, it is",

evidently clear that distribution licensee through respondents is empowered to carry out necessary works over and/or under the land of any person in,

consonance with provisions of the Act and Rules referred herein above, for providing electricity connection to an applicant or occupier of the",

premises. It is duty of distribution licensee to provide connection to every eligible applicant by taking necessary steps for which respondents are,

empowered. In present case finding petitioner entitled for connection, a demand notice has been issued and in sequel thereto, petitioner has deposited",

the amount in July, 2019, but it appears that influenced by extraneous considerations, electricity connection to the petitioner has not been provided.",

Otherwise also, a person enjoying benefit of electricity connection from a line laid on Government or private land belonging to others, cannot be",

permitted to create hindrance to the electricity connection, to be provided to his neighbour, by raising objection for laying of electricity line or service",

wire through his building or land without any justifiable reason. Electricity connection of such person deserves to be discontinued.,

So far as plea of respondents with respect to alternative remedy is concerned, there is no statutory or other bar to the High Court to entertain Writ",

Petition under Article 226 of Constitution of India in a matter like present one, particularly when matter relates to violation of fundamental rights to life",

within the meaning of Article 21 of Constitution of India, as also observed by a Division Bench of this Court in CWP No. 2454 of 2018, which reads",

as under:-,

“6. Ordinarily, this Court would be reluctant in granting relief to a person alleged to be an encroacher over the Government property, especially",

when the construction is also said to have been raised without getting the building plan sanctioned. At the same time, it is not expedient for us to",

express any view on merits, as the title dispute is subjudice before the Assistant Collector, 1st Grade, Nahan. Any observation in relation to this issue",

is likely to have impact on the merits of that case.,

The question that falls for consideration is whether the petitioner, as an interim measure, be allowed the basic amenities of water and electricity.",

There is no gain in saying that potable water or electricity are integral part of Right of Life within the meaning of Article 21 of the Constitution of,

India. These are basic necessities for human being and can well be termed as essential of human rights. If the title dispute, owing to the prescription of",

right to appeal under the Statute remains pending for considerable long period, we see no reason to deny the petitioner’s family the basic amenities",

of water and electricity, subject to their payment of requisite charges. It goes without saying that in the event of petitioner’s having failed to prove",

his right to retain the possession, both facilities will also go alongwith the residential house.â€​",

In ordinary course, for availability of alternative remedy, instead of entertaining petition under Article 226 of Constitution of India, parties are",

relegated to avail such remedy, but in a case like present one where petitioner is being deprived from her basic amenity which is integral part of right",

of life within the meaning of Article 21 of Constitution of India, I find that relegating the petitioner, that too at this stage, particularly when petition has",

been admitted by the Division Bench for hearing on merits, to Regulatory Commission, shall amount to grave injustice to her, more particularly when in",

similar circumstances (i.e. in CWP No. 2454 of 2018), the Division Bench of this Court has directed to release the electricity connection to the",

petitioners therein.,

Learned counsel for the petitioner has also relied upon another judgment passed by the Division Bench of this High Court passed in CWP No.,

2581 of 2018, titled Harsh Nagar Vs. State of H.P. and others, wherein electricity connection released to an encroacher has been protected till",

conclusion of appropriate proceeding regarding his encroachment in accordance with law.,

At this stage it would also be relevant to refer judgment dated 25.8.2020 passed by Madras High Court in W.P. No. 10506 of 2020, titled S.",

Ramanjaneyalu Vs. The Assistant Engineer (Pallavaram West), which has been relied upon on behalf of petitioner. In this case, with respect to right",

of encroacher to have electricity connection, by relying another judgment passed by the said High Court in case T.M. Prakash Vs,. District Collector,",

Tiruvannamalai District), reported in 2013 (6) CTC 849, has been observed as under:-",

“11. This Court has recognized the right of an encroacher to receive electricity connection in the judgment that was cited by the learned counsel,

for the petitioner. Therefore, this Court does not want to once again to into the same issue with regard to the entitlement of an encroacher to get",

electricity connection.â€​,

In light of above discussion, Writ Petition is allowed and disposed of in following terms:",

“(i) Respondents are directed to ensure release and providing of electricity connection to the petitioner on or before 10th June, 2021.",

(ii) Petitioner or her family or successors shall not be entitled to claim benefit of electricity connection for continuation of their possession over the,

property, in any proceeding initiated in accordance with law.",

(iii) The petitioner shall continue to pay the requisite charges for electricity supply and in the event of any default, the authority shall be at liberty to",

disconnect the supply.,

Writ Petition stands disposed of in aforesaid terms, so also pending application(s), if any.",