Social Jurist, A Lawyers Group vs Delhi Development Authority And ...
2003 Latest Caselaw 1027 Del

ORDER

A.K. Sikri, J.

1. This writ petition is filed for direction to take all necessary steps to provide immediate adequate number of street lights and permanent electricity connection to the houses occupied by the people of Hastsaal Re-settlement Colony.

2. The colony came in existence for the benefit of people residing in Jhuggis and for those who were occupying Jhuggis have been settled in the said re-settlement colony.

3. The main grievance raised in the writ petition is that there is no electrification in the re-settlement colony in question despite the fact that the persons relocated in that area have paid their share of money as per the scheme. Insofar as provision of street lights is concerned, admittedly it is the responsibility of the DDA. On behalf of the DDA, it is stated that 70 per cent of the area is already provided with street lights and remaining street lights would be provided within a period of four months.

Therefore, we direct the DDA to provide the street lights as aforesaid.

4. Question is, who has to spend for providing electrical connections for residential purposes. It is admitted by respondent No. 4 (electrical authority) that it has to supply electricity. However, Mr. Jayant Nath, learned Counsel for respondent No. 4 submits that before respondent No. 4 undertakes this job, the DDA has to fulfill its twin obligations, namely, (1) providing land for installation of transformers/sub-sections and (2) pay 50 per cent share towards expenses for such electrification which DDA was contributing till now. On behalf of the DDA, it is argued that necessary land would be provided, but, it is not the obligation of the DDA to make any payment as claimed by respondent No. 4. It is stated that although there was no such obligation, but, as the matter was between DDA and the erstwhile DVB, another public body, DDA was contributing. The contention is that after the privatisation and giving of license to respondent No. 4, a private body, DDA has no such obligation now.

5. So far as connection for residential purpose is concerned, it would be the duty of the authority having a license to supply the electricity. Now under the Electricity Act, 2003 (hereinafter referred to as 'the Act'), the licensing authority may have a license to transmit, distribute or supply electricity. In view of participation by private companies of individuals, the Delhi Vidyut Board is no more in existence and is taken over by different authorities who are supplying electricity in different areas. This area falls within the jurisdiction of the respondent No. 4 and in the area, it is the duty of the respondent No. 4 to see that the provisions of the Act are complied with. As per Section 42 of the Act, it is the duty of the respondent No. 4/licensing authority to take appropriate steps for distribution, development and maintenance, etc. with a view to see that there is economical distributor system in the area where it is licensed to supply the electricity. Under Section 43 of the Act, every distribution licensee shall, on an application by the owner or occupier of the premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply. Therefore, it becomes the duty of respondent No. 4 to supply the electricity. However, we have to refer the proviso to Sub-section (1) of Section 43. Considering the fact that new sub-section is required for the purpose of supply of electricity, then in such a case, it may take some time till the sub-station is erected and is made functional.

6. The dispute at this stage raised by the respondent No. 4 is that it is not the responsibility of the electricity supply company to bear certain costs and it is the responsibility of the DDA, as argued by the learned Counsel. It is also stated that they have to share the cost in equal proportion. The Court is not here to decide that dispute. If the land is not available then it can be said that there is genuine difficulty on the part of the electricity supplier to supply the electricity. Therefore, we enquired from the DDA as to whether nearby land required for sub-station is available or not and we are told that land is available for erection of a sub-station.

7. Therefore, we direct the DDA to provide for requisite land for erecting substations for this re-settlement colony. As far as alleged obligation of DDA to pay the amount is concerned, these are the disputes which should be decided by the appropriate forum and is not to be raised before this Court. Learned Counsel for the respondent No. 4 submitted that there will be different tariff if the amount is not paid by the DDA or there is no share by the DDA. All such issues are required to be decided by the appropriate authority. Suffice is to say that under the Act, it is the duty of the supplier to supply electricity to the consumers and, therefore, we direct the DDA to provide adequate land for requisite sub-stations for this colony within a period of one month. It was submitted by Mr. K.P. Jit Singh, Executive Engineer (Electrical) that they will have to consider this in a meeting about the proper place and adequate place and appropriate decision will be required to be taken by the committee and, therefore, we grant this time which is just and fair.

8. It will be the duty of the electricity supplier to make arrangement soon after the possession of the land is given. On behalf of the respondent No. 4, it is stated that at least six months time would be required after the possession is handed over, for supply. So far as sub-station is concerned, it is likely that it may take some time and, therefore, it would be just and proper to direct the respondent No. 4 to consider the feasibility of arranging temporary sub-stations at appropriate places and to see that supply can be made or not.

9. It goes without saying that under the Act, the applicants are required to give an application to the respondent No. 4 for electric connection and they are required to pay requisite charges as per the rules and regulations. The residents shall complete such formalities for getting electric connection.

With this direction, we dispose of this writ petition.