Electricity Connection Can't Be Denied For Want Of Co-Sharer's Consent: Gujarat High Court

The Gujarat High Court has held that the question of ownership or right of occupancy over a property has no nexus with the grant of an electricity connection to a consumer who is otherwise entitled. It further said that a company cannot insist on consent of other co-sharers of a property to provide electricity connection to a consumer. In the present case the petitioner had sought for an electricity connection for a land but the electricity company had sent a communication stating that a well situated on the land was jointly owned by another person and thus his consent was required to proceed further.Justice Hemant M Prachchhak found that the petitioner had duly established his ownership as well as possession over the subject property, more particularly the land bearing the concerned Revenue Survey Numbers.However, despite such material being available on record, the inaction on the part of respondent No.3 in not granting or restoring the electricity connection to the petitioner is wholly arbitrary, unjust and contrary to the statutory mandate, the court said. "This Court notes that Section 43 of the Electricity Act, 2003 casts a mandatory statutory duty upon the distribution licensee to supply electricity to the owner or occupier of the premises upon application. Once the petitioner has established his status as an owner and occupier of the premises in question, respondent No.3 could not have denied or withheld the electricity connection. It is well settled in catena of decisions that the electricity authority cannot adjudicate disputes of title between co-owners nor can it insist upon consent of other co-sharers once possession of the applicant is established. Considering the settled legal principle enunciated by the Hon'ble Apex Court and this Court as early as 2010, respondent Nos.1 to 3 cannot venture to decide issues among co-owners or questions of right and title, nor can they insist upon the consent of other co-sharers," the court said.The high court said that question of ownership or right of occupancy has no nexus with the grant of an electricity connection to a consumer who is otherwise entitled, and if there are no due electricity charges outstanding. It said that the petitioner's application cannot be denied by respondent Nos. 1 to 3-electricity company, on the ground that the petitioner is unable to produce the consent of other co-sharers.The petitioner applied for a new electricity connection for an agricultural land. The application was approved and the requisite charges were paid. Upon request of the petitioner, the electricity company also agreed to upgrade the transformer capacity. However, when the officials attempted to carry out the work, obstruction was caused by respondent No.5, preventing installation.The petitioner alleged that respondent No.5, who is the brother of the petitioner, raised an objection contending that the well situated on the said parcel of land is jointly owned by the petitioner and respondent Nos.4 and 5, and that they are co-sharers. Despite complaints and representations made by the petitioner and even by the electricity company to the police authorities, no effective action was taken. Subsequently, the electricity company raised objections on the ground that the well situated on the land was in joint name and required consent of another person, and on that basis refused to proceed with the installation of the electricity connection. The petitioner thus approached the high court claiming that despite approval of the application and compliance by the petitioner, the electricity connection has not been released. The respondent no. 3 company submitted that communication dated 15.07.2022 issued by it merely requires the petitioner to procure a No Objection Certificate (NOC) from other stakeholders and does not, in any manner, reject the petitioner's application. The high court further referred to Supreme Court's decision in Dilip (Dead) Through LRs vs. Satish and other (2022) and said,"It is a settled position of law that electricity, being a basic amenity, cannot be denied to a person on the ground of absence of a no objection certificate from the landlord, and the authority is only required to verify the applicant's occupation of the premises". The court thus allowed the plea and directed the electricity company to grant a new electricity connection to the petitioner as prayed for, as early as possible preferably within 8 weeks. Case title: MANOJBHAI KANJIBHAI RUPARELIYA v/s PASCHIM GUJARAT VIJ COMPANY LIMITED & ORS.R/SPECIAL CIVIL APPLICATION NO. 15830 of 2022Click Here To Read/Download Order

Electricity Connection Can't Be Denied For Want Of Co-Sharer's Consent: Gujarat High Court

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