The Allahabad High Court has held that a valid electricity connection cannot be disrupted indefinitely merely because overhead wires are to be replaced with underground cables.
The Division Bench of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra heard the petition filed by Shekhar Kapoor and 10 Others.
The petitioners are tenants of different shops in a building situated at Station Road, Moradabad. All of them were having separate election connection. The respondents are undertaking widening of road under Smart City Development Project.
In the process, they have removed overhead wires and as a consequence whereof the electricity supply to the premises of the petitioners got disrupted. The respondents had also demolished front part of the building situated at station road to carry out widening and debris is still lying in front of the building.
The petitioners have come up before the Court praying for restoration of their electricity supply.
The defence of the respondents is that the landlord of the petitioners as well as the petitioner had instituted various proceedings in different courts and had obtained injunction orders in their favour. As a result thereof, the work of laying of underground cable could not be completed.
The Court noted that,
It is not disputed that civil suit was filed by the Hindu Education Society, the lessor against Nagar Nigam, Moradabad for prohibitory injunction restraining it from demolishing the building of the Society. In the said suit, an order of status quo is in operation.
The Court was informed that the petitioners had challenged the notices dated 12.01.2024 and 16.04.2024 issued by Nagar Ayukt, Nagar Nigam, Moradabad directing removal of alleged unauthorized constructions. In the said case, an interim order was passed restraining Nagar Nigam from demolishing any part of the building in pursuance of the aforesaid notices.
Counsel for the petitioners submitted that the interim order granted by the Court has been extended from time to time and is still in operation. She also points out that Nagar Nigam itself cancelled the notice dated 12.01.2024 by its subsequent order dated 26.02.2024.
She further submitted that the issue as to whether any part of the building is to be demolished or not is a separate issue and cannot be made a defence for not restoring the electricity supply.
Pranjal Mehrotra, counsel appearing on behalf of Electricity Department has placed on record the written instructions received from Executive Engineer, Electricity Distribution, Division-I, Moradabad.
He submitted that since overhead wires have been removed and the Nagar Nigam is not removing the debris in front of the shops, therefore, the Electricity Department is finding it difficult to restore the electricity supply.
He stated that in case, the debris is cleared by the Nagar Nigam, the Electricity Department would make some arrangement for restoring the electricity supply as is also the stand taken in paragraph 49 of the written instructions.
Ratan Deep Mishra, who has accepted notice on behalf of Nagar Nigam, Moradabad, stated that now he has no instructions in the case and some other counsel will appear on behalf of Nagar Nigam, Moradabad. However, except for him, no one is present before the Court to place the stand of Nagar Nigam, Moradabad in the matter.
“Having regard to the undisputed fact that the petitioners were having valid electricity connection and the only reason for disconnecting the electricity supply was that overhead wires were to be replaced by the underground cables, we are of the opinion that said ground cannot be a valid excuse for indefinite time. The Nagar Nigam and the Electricity Department are under legal obligation to work together and remove the debris and restore the electricity supply to the lawful consumers”, the Court observed.
The Court issued an ad-interim mandamus directing the respondents to coordinate amongst themselves and ensure restoration of electricity supply to the petitioners’ premises within 48 hours, failing which they would show cause as to why the Court should not impose exemplary damages for having disrupted valid electricity connection of consumers for such a long period.
The Court has fixed the next hearing of the petition on 10.07.2024.