Gujarat High Court
Rashmikaben Ratilal Modi vs Torrent Power Limited on 4 July, 2023
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
C/SCA/23043/2022 ORDER DATED: 04/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 23043 of 2022
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RASHMIKABEN RATILAL MODI
Versus
TORRENT POWER LIMITED
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Appearance:
JAY P PATEL(7800) for the Petitioner(s) No. 1
MR NIRAV C THAKKAR(2206) for the Petitioner(s) No. 1
MR ANUJ K TRIVEDI(6251) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 04/07/2023
ORAL ORDER
1. By way of present petition, the petitioner herein has prayed for direction directing the respondent Company to give electricity connection to the premises of the petitioner being property bearing No.150/C, Purushottam Park, Chandkheda, Ahmedabad forthwith on appropriate terms and conditions.
2. Heard Mr. Nirav Thakkar, the learned advocate appearing for the petitioner and Mr. Anuj Trivedi, the learned advocate appearing for the respondent No.1.
3. The petitioner herein has approached this Court challenging the inaction on the part of the respondent in not providing property of the petitioner being C-150, Page 1 of 5 Downloaded on : Fri Jul 07 20:37:38 IST 2023 C/SCA/23043/2022 ORDER DATED: 04/07/2023 Purushottam Park at Chandkheda, Ahmedabad, with electricity connection on an application made by the petitioner herein seeking electricity connection, and the petitioner herein has paid requisite charges for availing the connection, which is duly produced at Annexure "A" at page-12.
3.1 It is submitted by learned advocate appearing for the petitioner that inspite of such application being preferred to the the respondent authority, the electricity connection has not been given to the petitioner herein and the same being violative of right to electricity, which is akin to right to live guaranteed by the Constitution of India. It is submitted that non-granting of electricity connection is also in violation of fundamental right of the petitioner.
3.2 Reliance was placed on Supply Code and Notification thereto and placing reliance on the same, it is submitted that the respondent company has every right to enter into the premises of the consumer to do various Page 2 of 5 Downloaded on : Fri Jul 07 20:37:38 IST 2023 C/SCA/23043/2022 ORDER DATED: 04/07/2023 acts including the act of supplying electricity to other consumers whose supply line has to pass through the existing consumer of the Company. Reliance was placed on Notification No.4 of 2015 issued by the Gujarat Electricity Regulatory Commission (GERC), more particularly its clause 4.114 and 5.14 among others which casts duty on and gives power to the respondent Company, to do the needful.
4. Mr. Anuj Trivedi, the learned advocate for the respondent fairly submitted that respondent herein is inclined to consider the application seeking grant of new electricity connection. The petitioner is residing on the ground floor. It is submitted that officials of the Electricity Company visited the premises twice, however, in view of the objection taken by one Ritaben, who is residing on the first floor, the officials of the respondent Company were not in a position to grant the electricity connection as prayed for by the petitioner herein. 4.1 Mr. Anuj Trivedi, the learned advocate submitted Page 3 of 5 Downloaded on : Fri Jul 07 20:37:38 IST 2023 C/SCA/23043/2022 ORDER DATED: 04/07/2023 that the officials of the respondent company would visit the said premises once again and would undertake to grant electricity connection to the petitioner pursuant to the application which is made by the petitioner herein, in accordance with law.
5. Having heard the learned advocate appearing for the respective parties, considering the statement made by Mr. Anuj Trivedi, the learned advocate appearing for the respondent authority, the respondent authority to grant electricity connection to the petitioner. No further orders are required to be passed.
5.1 The respondent herein to undertake the said exercise of granting electricity connection and the procedure, which is required, be followed within a period of 2 weeks from the receipt of this order. 5.2 The petitioner to cooperate and grant assistance while the aforesaid exercise is undertaken by the respondent authority. Mr. Trivedi submitted that if Police Protection is required to be taken, the petitioner may Page 4 of 5 Downloaded on : Fri Jul 07 20:37:38 IST 2023 C/SCA/23043/2022 ORDER DATED: 04/07/2023 consider the same and approach local police authority, seeking police protection.
In view of the above, the petition is allowed to the aforesaid extent. Direct Service is permitted.
(VAIBHAVI D. NANAVATI,J) SAJ GEORGE Page 5 of 5 Downloaded on : Fri Jul 07 20:37:38 IST 2023