Mantri Tranquil Apartments Owners Association vs Bengaluru Electricity Supply Company Limited

B.S. Patil, J.—In these writ petitions, petitioners are seeking a direction to the respondents to restore electricity supply to Block Nos. C and D of the Residential Apartment Complex known as "Mantri Tranquil". It is not in dispute that the apartment complex had electrical meters bearing RR Nos. BS5EH 68084 and BS5EH 68189 and electricity supply was given to these apartments.

Respondent 2 appears to have issued notice dated 2-8-2014 intimating the 1st petitioner about the alleged encroachment on the storm water drain while putting up the construction. This notice was the result of the communication sent by the Officials of the Bruhat Bangalore Mahanagara Palike who had alleged that petitioners had encroached storm water drain while putting up construction including the compound wall and the basement. It is not in dispute that no order has been passed by the Competent Authority of the Bruhat Bangalore Mahanagara Palike holding that any encroachment has been indeed made by the petitioners. But proceedings have been initiated in this regard and notice issued by the Bruhat Bangalore Mahanagara Palike has been replied and a writ petition has been filed by the petitioners in W.P. No. 40299 of 2014.

The notice dated 2-8-2014, as asserted by the petitioners, has not been served on them and therefore they could not give any reply to the said notice issued by the Assistant Executive Engineer, respondent 2 herein.

2nd respondent has now proceeded to pass an order, ordering disconnection of electricity on the ground that petitioners did not give any reply to the notice and that the 2nd respondent was required to take note of the proceedings initiated by the BBMP alleging encroachment.

Learned Senior Counsel for the petitioners submitted that neither the notice dated 2-8-2014 nor the subsequent order passed on 19-8-2014 have been served on the petitioners and the entire action has been taken behind the back of the petitioners without providing any opportunity to the petitioners. He also pointed out that without there being any order passed recording any finding that there was any encroachment made by the petitioners, respondent 2 proceeded to pass an order directing disconnection of power supply. Petitioners strongly deny having made any encroachment as alleged by the respondents.

Sri B. Rudra Gowda, learned Counsel for the respondents, supports the action taken by the respondents, however there is no record to show that they have served the petitioners. There is nothing in the records made available by the Counsel for respondent to show that notice was served on the 1st petitioner-Mantri Tranquil Apartment''s Owner Association regarding the proposed action for disconnection of the electricity supply based on the communication received by the 2nd respondent from the Bruhat Bangalore Mahanagara Palike. Though notice dated 2-8-2014 is said to have been served on some person there is nothing to show that the notice was dispatched by registered post or by any other mode. It is not known who has received the notice and whether he was in any manner connected with the 1st petitioner. In such circumstances submission made by the learned Counsel appearing for the petitioners alleging that no opportunity was given to the petitioners to have their say in the matter deserves to be accepted.

Serious action of disconnection of power supply cannot be taken without providing fair and reasonable opportunity to the petitioners, to place the real facts and materials before the second respondent. No such attempt is made by the second respondent to provide a fair and reasonable opportunity to the petitioners. It cannot be lost sight that several owners of the apartments are occupying the apartments and are residing there. They are represented by the Apartment Owners Association. Their grievance has to be addressed. Hence 2nd respondent ought to have provided an opportunity of being heard the petitioners before passing any order in the matter. As this basic requirement has not been followed, the writ petition deserves to be partly allowed. Accordingly a direction is issued to the respondents to restore the electricity connection. Petitioners are given ten days time from today to give reply to the notice dated 2-8-2014. The Assistant Executive Engineer-respondent 2 is directed to pass appropriate order in accordance with law after considering the objections and after hearing the petitioners. Electricity connection shall be restored forthwith.