Dilipbhai Jaypalbhai Jaiswal vs Torrent Power Limited

Mr. Rajesh H. Shukla, J. (Oral) - The present petition is filed under Articles 14, 19, 21 and 226 of the Constitution of India for the prayer regarding the supply of electricity on the grounds stated in the memo of petition.

The background of the facts as stated are that the petitioner is occupying part of the premises and there is some quarrel between the members of the family which has lead to a situation that, at present, the petitioner is seeking a separate electric connection.

Heard learned Advocate Shri Jagdhish Satapara for the petitioner and learned Advocate Ms. Amrita M. Thakore for the Respondent -Torrent Power Limited (hereinafter referred to as "the Respondent Company").

Learned Advocate for the petitioner has stated that there was some understanding amongst the brothers regarding the premises, which is produced on record at Annexure-A. He submitted that part of the premises is occupied by the petitioner, but the Respondent Company is not supplying the electric connection. He has also referred to the indemnity bond, which again refers to an understanding between the brother and the petitioner qua the premises.

Learned Advocate Ms. Amrita M. Thakore has referred to the Electricity Supply Code, particularly Clause 4.12 which reads as follows:

"Application forms for new connection must be accompanied with a photograph of the applicant, identity proof of the applicant, proof of applicant''s ownership or legal occupancy over the premises for which new connection is being sought, proof of applicant''s current address, and in specific cases, certain other documents as detailed in clauses 4.15-4.20 of this Code."

Learned Advocate Ms. Thakore submitted that the petitioner has not made any application and if and when it is made with necessary documents, the same may be considered.

Learned Advocate for the petitioner has stated that the Respondent Company is not even accepting the application, and for that, he has also referred to the indemnity bond, which is of February 2016, where also, reference is made to the electric supply, and it is clearly stated that in order to get the electric connection, indemnity bond is executed.

In view of the rival submissions, it appears that the issue is with regard to supply of electric connection in the premises, where there is a family dispute. The affidavit-in-reply filed by the Respondent Company clearly states in paragraph 7;

"I however state that if an application for new connection complete in all respects is received by the respondent, along with all required documents as per the provisions of Regulation 4.12 of the Electricity Supply Code and Related Matters Regulations, 2015, including documents showing exactly which premises require a new electricity connection, the respondent would process such application in accordance with law."

Therefore all that is required by the Respondent Company is the identity proof and some documents as per the Electricity Supply Code or the Regulations 2015. At the same time, the necessary details could be given but the person may not be deprived of the supply of electricity on the ground of want of documents like title etc. The petitioner can give the necessary identity proof and also an undertaking or the bond regarding his possession and occupation of the part of the premises where the connection is sought for. Therefore, the following directions are given:

(i) The petitioner shall file a necessary application within a period of two days along with necessary identify proof, photographs and other papers as referred to in Clause 4.12 as early as possible and available with him.

(ii) The same shall be accepted by the officers of the Respondent Company at Shahpur, Ahmedabad and it will be processed urgently for supply of electric connection after taking a necessary bond with regard to the petitioner''s occupation of part of the premises, understanding or arrangement with his brother irrespective of any other connection, which is referred to in the affidavit-in-reply filed by the Respondent Company.

(iii) The bond which has been executed by the petitioner, referred to in this petition, shall also be given to the Respondent Company along with an undertaking that the petitioner will give all necessary documents, which are available with him.

(iv) The application of the petitioner shall be processed and considered sympathetically.

(v) The Respondent Company shall, therefore, provide electric connection on payment of the charges for installation or fresh connection within a period of three days thereafter.

The court has passed the order in view of the aforesaid discussion as the electricity is essential for life and it should be considered as a basic necessity under Article 21 of the Constitution of India. The Respondent Company being a licensee, cannot refuse to supply the electricity for any internal dispute amongst the family members when, part of the premises is occupied by the brother of the petitioner and the part is occupied by the petitioner himself for which some understanding is arrived at. Therefore, the Respondent Company shall supply the electricity connection afresh. Even if the petitioner is not able to fulfil some of the requirements of the Electricity Supply Code for supply of electricity, then also it shall not be denied by the Respondent Company.

The matter is adjourned to 21.10.2016. Direct service permitted today.