Karnataka High Court
K C Shamanna vs The Assistant Executive Engineer ... on 21 December, 2021
Author: S. R. Krishna Kumar
Bench: S. R. Krishna Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2021
BEFORE
THE HON' BLE MR.JUSTICE S. R. KRISHNA KUMAR
WRIT PETITION NO.13301/2021 (GM-KEB)
BETWEEN
K. C. SHAMANNA
S/O CHANNEGOWDA
AGED 60 YEARS
R/O CHIKKAHONNENAHALLI
HASSAN TALUK & DISTRICT 573202.
...PETITIONER
(BY SHRI. K. B. SHIVA KUMAR, ADVOCATE)
AND
1. THE ASSISTANT EXECUTIVE
ENGINEER (ELECTRICAL)
O AND M CITY/URBAN SUB DIVSIION
CHAMUNDESHWARI POWER SUPPLY
CORPORATION LIMITED
CITY SUB DIVSION
SANTHEPET, B.M. ROAD,
HASSAN-573201.
2. THE EXECUTIVE ENGINEER (ELECTRICAL)
O AND M CITY /URBAN SUB DIVISION
CHAMUNDESHWARI POWER SUPPLY
CORPORATION LIMITED
CITY SUB DIVISION
SANTHEPET, B.M. ROAD,
HASSAN-573 201.
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3. THE SUPERINTENDING ENGINEER (ELECTRICAL)
O AND M CIRCLE CITY/URBAN SUB DIVISION
CHAMUNDESHWARI POWER SUPPLY
CORPORATION LIMITED
SANTHEPET, B M ROAD,
HASSAN-573201.
4. THE ELECTRICITY OMBUDSMAN
NO.16, C-1
KERC BUILDING
MILLER TANK BED AREA
VASANTH NAGAR
BENGALURU 562 052.
...RESPONDENTS
(BY SHRI.H.V.DEVARAJU, ADVOCATE FOR R1 TO R3;
NOTICE TO R4 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD.22.05.2019 PASSED BY THE R-1
PRODUCED AT ANNEXURE-E AND QUASH THE ORDER
DTD.23.09.2019 PASSED BY THE R-4 PRODUCED AT
ANNEXURE-F AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner seeks quashing of the impugned order dated 22.05.2019 at Annexure-E, passed by the 1st respondent-Assistant Executive Engineer (Electrical) (AEE) and subsequent impugned order dated 23.09.2020 at Annexure-F -3- passed by the 4th respondent-The Electricity Ombudsman (EO) and for direction to the 1st respondent to provide power connection in respect of premises of the petitioner bearing Khata No.354 and 355, M.R.No.125, Chikkahonnenahalli village, Haralahalli Grama Panchayath, Hassan Taluk and District and for other reliefs.
2. Heard the learned counsel appearing for the petitioner and learned counsel for the respondents and perused the material placed on record.
3. In addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioner, learned counsel for the petitioner submits that on 17.05.2016 the respondents provided temporary electricity power supply connection to the aforesaid premises of the petitioner bearing Khata No.354 and 355, M.R.No.125, Chikkahonnenahalli village, Haralahalli Grama Panchayath, Hassan Taluk and District. Subsequently, -4- on 25.12.2017, the petitioner filed an application seeking low tension power supply, in respect of which the I.D number was provided 25.01.2018; so also on 12.01.2018, the petitioner has sought for power supply to the building to a capacity of 7 kW for 5 residential houses.
4. It is contended that though the KERC (Recovery of Expenditure for supply of Electricity) Regulations, 2004 was amended w.e.f. 01.02.2018, the said Regulation will not have retrospective effect and would not be applicable to the request of permanent electricity connection made by the petitioner in view of Clauses 3(a) and 3(b) of the said amended Regulation 3.1.3(A), 9th amendment, as can be seen from the said Regulation. It is grievance of the petitioner that on 22.05.2019, the 1st respondent rejected the request of the petitioner on the erroneous premise that the amended Regulation were applicable to the petitioner. Aggrieved by the same, the -5- petitioner preferred an appeal before the 4th respondent-EO, who also rejected the same vide the impugned order dated 23.09.2019 and as such the petitioner is before this Court by way of the present writ petition.
5. It is further submitted that under identical circumstances and in respect of one Smt. Deepika W/o Kantha, the OE has taken a completely contrary view by coming to the correct conclusion that the electricity power connection can be sanctioned in favour of the appellant by issuing certain directions in this regard. It is therefore submitted that in view of the aforesaid order dated 28.10.2020 passed by the EO in relation to the claim of Smt. Deepika, by virtue of the doctrine of parity the petitioner also would be entitled to the similar orders by issuing identical directions and by granting electricity power supply in favour of the petitioner.
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6. Per contra, learned Counsel for the respondent while not disputing that EO has issued the aforesaid order/direction in the claim of Smt.Deepika submits that there is no merit in the writ petition and the same is liable to be dismissed.
7. Though several contentions have been urged by the both sides in respect of their respective claim, as rightly submitted by the learned Counsel for the petitioner, under identical circumstances and in respect of the similarly situated person, i.e., Smt.Deepika W/o Kantha, EO has disposed of the said claim by holding as under:
"14) In this case the Appellant submitted before the CGRF that he is ready to provide an electrical room with RCC Roof having a clear floor area of 5 X4 meters with a vertical clearance of 2.75 meters free of costs.
However, on plain reading of Clause (a) & (b) of regulation 3.1.5 of CGRF Regulation makes it clear that the Appellant has to provide the an electrical room as described in Clause (a) -7- in the ground floor nearer to the main entrance for installing floor mounted distribution transformer and associated switchgear or for installation of structure mounted distribution transformer and switchgear he has to provide a clear space of 3X5 meters open to the sky preferably at the main entrance for installation of structure mounted distribution transformer and switchgear. Neither in the appeal memo nor before the CGRF the Appellant did not stated about providing such an electrical room or an open space as described in Clause (a) & (b) of registration 3.1.5. These regulations were incorporated for the benefit of the consumer on taking into consideration the safety of the inmates of the building. There are chances of catching fire to the transformer when there is an excess load or in the other exigencies. The Appellant submitted that he is ready to provide necessary space in the car parking area. In case the transformer and other associated equipments were erected inside the building or in the car parking area, any untoward incident of catching fire of the transformer was taken place, there are -8- chances of danger to the life and property of the intimates of the building. To avoid such exigencies only Clause (a) & (b) of Regulation 3.1.5 the KERC was incorporated directing the consumer for providing adequate space in the ground floor nearer to the main entrance or a space open to the sky preferably at the main entrance for installation of the transformer and other associated equipments so as to safe guard the interest of the intimates of the building. Therefore, the CGRF on taking into consideration the relevant regulations rightly directed the Respondent No.1 to take appropriate action as per 9th Amendment to Regulation 3.1.3 (A) (new) KERC (Recovery of Expenditure for Supply of Electricity) Regulations 2004 dated 27.12.2017 and rightly disposed of the compliant.
15) On the examination of order passed by the CGRF including the documents produced in the appeal, in view of admitted facts as discussed supra, the CGRF on examination of the facts and circumstances of this case rightly disposed off the complaint. The order passed by the CGRF does not suffers from any -9- material legal infirmities, the same is not perverse needs to be interfered by this authority. Accordingly, point No.1 is answered on the above terms.
16) In the result, I proceed to pass the following;
No.OMB/C/G-409/2020/D-1497, Dt:28-10-2020 ORDER
1) The Appellant is directed to provide an electrical room with RCC roof having clear floor area of 5 X 4 meters with a vertical clearance of 2.75 meters with locking facility, exhaust fans and adequate size of cable duct at the ground floor within her premises nearer to the main entrance for installing floor mounted distribution transformer and associated switchgear to the Respondent No.1 free of costs.
Or
2) Appellant shall provide a clear space of 3 X 5 meters opened to the sky within the premises preferably at the main entrance for installing structure mounted distribution transformer and switchgear. The Appellant shall notify to the Respondent No.1 regarding the availability of the such a space with necessary sketch within 15 days from the date of the receipt of this order.
3) On receipt of such a notice of identification of the space in the premises from the Appellant, the Respondent shall forthwith inspect the
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premises regarding the suitability of the space proposed by the Appellant, he shall erect transformer and associate equipments after taking all safety measures. The Respondent No.1 is entitled to collect necessary fees and deposits as prescribed under the act and regulations while servicing the installation.
4) On the above terms the appeal is disposed off."
8. In my considered opinion, upon perusal of the material on record, in view of the fact that the claims of the aforesaid Smt. Deepika and the petitioner herein is identical and both of them are similarly situated, the impugned order dated 22.05.2019 at Annexure-E passed by the 1st respondent and the impugned order dated 23.09.2019 at Annexure-F passed by the 4th respondent-EO deserve to be set aside and the claim of the petitioner deserves to be disposed of in terms of the directions issued by the EO in Smt.Deepika's case referred to supra.
9. In result, I proceed to pass the following:
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ORDER The writ petition is allowed.
The impugned order dated 22.05.2019 at Annexure-E and order dated 23.09.2019 at Annexure-F, are hereby quashed.
The respondents are hereby directed to provide electricity power connection in respect of the subject premises of the petitioner bearing Khata No.354 and 355, M.R.No.125, Chikkahonnenahalli village, Haralahalli Grama Panchayath, Hassan Taluk and District, in terms of the order and directions dated 28.10.2020 issued by the 4th respondent-Electricity Ombudsman, in Smt.Deepika's case bearing No.OMB/C/G-409/2020 referred to supra.
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10. Pending application, if any, stands disposed of.
SD/-
JUDGE DL