The Allahabad High Court in a petition filed seeking restoration of electricity supply which was disrupted due to widening of roads under the Smart City Development Project in Moradabad observed that disruption of valid electricity connection cannot be done indefinitely only because overhead wires were to be replaced with underground cables.
Brief Facts:
The petitioners filed the present petition seeking restoration of their electricity supply which was disrupted due to the widening the roads under the Smart City Development Project in Moradabad, the respondent authorities had removed several overhead wires, which lead to disruption of electricity supply to the shops of the petitioners. Further, a portion of certain building situated at the station road, where the shops were situated, was demolished and the debris had been left by the authorities.
Contentions of the Appellant:
The learned counsel appearing on behalf of the petitioners submitted that the interim order granted by this 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 submits 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.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended 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 states 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.
Observations of the court:
The court sttaed that 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 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 this Court should not impose exemplary damages for having disrupted valid electricity connection of consumers for such a long period.
The decision of the Court:
The court listed the matter on a further date
Case Title: Shekhar Kapoor and Ors. vs State of U.P. and Ors.
Coram: Hon’ble Mr. Justice Manoj Kumar Gupta and Hon’ble Mr. Justice Kshitij Shailendra
Case No.: WRIT - C No. - 11053 of 2024
Advocate for the Petitioner: Akanksha Mishra
Advocate for the Respondent: C.S.C., Pranjal Mehrotra, Ratan Deep Mishra
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