Dakshin Gujarat Vij Company ... vs Land Mark Corporation
2021 Latest Caselaw 1890 Guj

           C/LPA/74/2014                                       ORDERDT. 09/02/2021
                  DAKSHIN GUJARAT VIJ COMPANY LTD. V. LAND MARK CORPORATION


                 IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                     R/LETTERSPATENTAPPEALNO. 74 of 2014
                                      In
                   R/SPECIALCIVILAPPLICATIONNO. 3739of 2012
                                    With
                    R/LETTERSPATENTAPPEALNO. 1583of 2019
                                     In
                    SPECIALCIVILAPPLICATIONNO. 4668of 2016
                                    With
                    R/LETTERSPATENTAPPEALNO. 1582of 2019
                                     In
                    SPECIALCIVILAPPLICATIONNO. 4311of 2016
                                    With
                    R/LETTERSPATENTAPPEALNO. 1584of 2019
                                     In
                    SPECIALCIVILAPPLICATIONNO. 5229of 2016
==============================================================================
                       DAKSHINGUJARATVIJ COMPANYLIMITED
                                    Versus
                        LANDMARKCORPORATION& 1 other(s)
==============================================================================
Appearance:
MS LILUK BHAYA(1705)for the Appellant(s)No. 1
MS SONALD VYAS(999)for the Respondent(s)No. 1
RULESERVED(64)for the Respondent(s)No. 2
==============================================================================

 CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
        and
        HONOURABLE MS. JUSTICE GITA GOPI

                             Date: 09/02/2021
                              ORALORDER

(PER: HONOURABLE DR. JUSTICE VINEET KOTHARI)

1. After some arguments, both the learned counsels pray for a weeks time to make further study on the issue as to whether the Applicant- Society would fall within the exception category of 'domestic consumer' under Clause-4.2 of the Gujarat Electricity Regulatory Commission Regulations.

C/LPA/74/2014 ORDERDT. 09/02/2021 DAKSHIN GUJARAT VIJ COMPANY LTD. V. LAND MARK CORPORATION

2. Various contentions have been raised before us with regard to the charging of the cost of Transformers from the Applicant-Society / Builder, for which the Electricity Distribution Company has contended before us that being infrastructure development, the purpose for which the Applicant-Society made the application, the Electricity Distribution Company was entitled to charge cost of the same from the Applicant- Society whereas, the other side represented by learned advocate Mr. Ravindra Shah submitted that the individual Flat / Bungalow owners, housing the same for residential purpose, could only be 'domestic consumers', even though in the application on page-19 they have ticked the category 'others' and also in the third line of the application, they have stated 'infrastructure development' against the description in the application, "if the purpose is industrial, the type of industry".

3. Though learned advocate Mr. Ravindra Shah contended that this third line is extra and beyond the jurisdiction of the Electricity Distribution Company and compared it with the prescribed form approved by GERC on page-95 of the paper-book, such third line is not available in the prescribed form and therefore, the Electricity Distribution Company cannot take advantage of the description - 'infrastructure development' given by the Applicant-Society in the application. He submitted that the Applicant-Housing Cooperative Society, being a body Corporate, applied for such power connections for the benefit of their individual members / bungalow owners and therefore, the cost of Transformers, which is only a part of the Transmission Line, as defined within section 2(72) of the Electricity Act, 2003, cannot be charged separately from the Applicant-Society.

4. The aspect relating to the Applicant-Society falling within the

C/LPA/74/2014 ORDERDT. 09/02/2021 DAKSHIN GUJARAT VIJ COMPANY LTD. V. LAND MARK CORPORATION

exception category of 'domestic consumer' does not seem to have been dealt with by the two learned Single Judges of this Court and even though the prior judgment was delivered on 22.10.2013 (Coram : Hon'ble Mr. Justice Rajesh Shukla), the same does not seem to have been brought to the notice in the later litigation, when another learned Single Judge (Coram : Hon'ble Mr. Justice A.Y. Kogje) delivered the said judgment on 30.04.2019.

5. The appeals against both these judgments are before us now. While the earlier judgment took a view against the Electricity Distribution Company, the later judgment, without reference to the earlier judgment, seems to have taken a view in favour of the Electricity Distribution Company with regard to payment of the cost of Transformers, etc. and therefore, both the parties are in cross appeals before us.

6. The matter would require further detailed consideration. Therefore, the aforesaid aspects may be studied by both the sides and a Brief Synopsis and Compilation of case-laws with Index may be produced before the Court, within a period of Two Weeks from today.

7. List again on 24.02.2021, along with the other connected matters, of which, the list will be supplied by learned advocate Ms. L.K. Bhaya.

(DR. VINEET KOTHARI,J)

(GITA GOPI, J)

PRAVINKARUNAN