PAWAN KUMAR TANDON Vs. NEW INDIA MUNICIPAL COMMITTEE

JUDGEMENT

(1.) These two writ petitions arise out of similar facts and can be disposed of by a common order. They raise the question whether the disconnection of supply of electricity to shop Nos. 263 and 264 in the Palika Bazar at Connaught Place, New Delhi is justified or not.

(2.) The shops in Palika Bazar are owned by the New Delhi Municipal Committee ('NDMC' for short) which is also the 'Licencee' under the Electricity Act responsible for supply of electricity in New Delhi area. The NDMC had granted licences in respect of shop Nos. 263 and 264 in favour of (a) Pawan Kumar Tandon and (b) Babu Shah Snacks Bar, a partnership comprising of two partners, namely, Bharat Bhushan Bansal and Mahesh Chand Rastogi respectively. The licence was in terms of two licence deeds containing the same terms and conditions the relevant provisions of which are set out below :

(3.) In compliance with the terms of the licence deeds each of the licensees applied for electricity connection from the NDMC. There is no dispute that according to the registers of the NDMC (Electricity Department) Babu Shah Snacks Bar and Pawan Kumar Tandon are the consumers of electricity in respect of these two premises. The grievance made in these writ petitions is that the electricity connection has been suddenly disconnected on 4th Jan., 1986 without serving any show,cause notice and that the electric supply has not been restored despite several representations made in this regard. It is stated that on making enquiries it appears that the electricity connection had been disconnected on the ground that "since 263 and 264 are working as one unit and using gas stove/kerosene, the current need not be restored till they remove these inflammable material". This indeed is confirmed by a noting made in the NDMC and orders passed thereon by the Administrator on 9-1-1986. It is stated further in the writ petitions that though subsequently undertakings have been duly given that no cooking will be done in the premises, the electric supply has not been restored. A grievance has been made of the fact that electric supply has been restored to one of the premises, namely, shop No. 255 whereas it has not been restored in the case of the shops presently in question. The petitioners, therefore, pray that a direction should he issued to the NDMC directing them to restore the electric connection to the shops in question and restraining them from again disconnecting the electric supply without reason and without affording an opportunity to show cause in case of any complaint.