LOURDES MARY Vs. THE ASST. EXECUTIVE ENGINEER

JUDGEMENT

(1.) PETITIONER is the owner of the building constructed at No. 8, 2nd Main Road, Chinnappa Garden, Benson Town Post, Bangalore 560046. According to the petitioner, the building was constructed during the lifetime her husband and upon his death she has succeeded to the same. Power supply was given to the building on 26.03.2013 under MSD Category. Petitioner made available the required space inside her property for installing a transformer so as to cater to the needs of the petitioner to the tune of 61.5 KV sanctioned load. According to the petitioner, the transformer installed is exclusively for the purpose of supplying electricity to the petitioner's premises and nobody else can be given any electricity supply on the basis of the said transformer which has been installed at her cost exclusively for the benefit of the petitioner.

(2.) IT is the grievance of the petitioner that one electrical contractor of the respondent -Company trespassed into the area where the transformer has been installed to tap electricity and supply it to other applicants from the petitioner's distribution scheme. This made the petitioner to file a complaint before the jurisdictional police and also to the Executive Engineer (Electrical), Shivajinagar, BESCOM and the Assistant Executive Engineer concerned informing them of the illegal attempt made by the electrical contractor. However, instead of redressing the grievance of the petitioner, the Assistant Executive Engineer issued a communication dated 27.08.2014 produced at Annexure -G informing the petitioner that as per the relevant regulations and the agreement entered into between the BESCOM., and the petitioner, after completion of the work, the entire distribution system along with transformer would vest with BESCOM and the ownership of the lines and other allied equipment would continue to lie with the BESCOM for further maintenance and that the Corporation will have right to tap the supply to the other applicants from the same distribution system. Aggrieved by this communication, the present writ petition is filed.

(3.) AS per Clause 9.11(4)(e) of the KERC (Electricity Supply and Distribution) Code, 2000 -01, the entire service line along with the transformer shall be taken over by the Licensee without payment of any charges and the ownership of the lines and other equipment would thereafter vest with the Licensee who shall maintain it. It is thus clear that though the space is provided by the petitioner for installation of the transformer and although the entire cost has been borne by the petitioner including the cost of the transformer, for the purpose of maintenance, the entire service lines along with transformer would be taken over by the Licensee without paying any charges. The ownership of the lines and other equipments would vest with the Licensee and it is the Licensee who shall maintain it.