MAHAN SINGH Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) -The petitioner has challenged the discontinuance of the supply of electricity to him on June 17, 1968 in pursuance of a notice dated June 13, 1968 which was issued by the New Delhi Municipal Committee in purported exercise of powers under clause 7(6) of the Delhi Electricity Control Order, 1959, hereinafter referred to as "the Order", promulgated by the Lt. Governor of Delhi in exercise of powers conferred by section 22B of the Indian Electricity Act, 1910, hereinafter referred to as "the Act." The petitioner has challenged the disconnection on the ground that the period of notice had not expired before the disconnection; that it was in violation of the principles of natural justice because he was not given any opportunity at all of showing cause against the notice and that it was discriminatory and malofide.

(2.) The petitioner alleges that he has since 1947 been running a small workshop for repairing refrigerators and air-conditioners. In 1960, he shifted to premises bearing No. 12/1, B-Block Connaught Place, New Delhi and continue his aforesaid business. Upon his application, the New Delhi Municipal Committee (respondent No. 1) sanctioned a power load of I KW and alletted K. No. 62452/P on which the petitioner has been running a lathe. Later, the petitioner applied for and was sanctioned an additional power load of 2KW which was being utilised for testing refrigerators and air-conditioners repaired in his workshop. On June 15, 1968, a notice was served upon the petitioner informing him that he was carrying industrial load on the above K. number without a valid licence and the details of the load carried were "motor 2x1/4 H.P. & 2x 1/2H.P. for lathe etc." He was also informed that such use was in contravention of clause 4(4) of the Order rendering the petitioner liable for disconnection under clause 7(6) of the Order. The petitioner was further informed that on expiry of 48 hours of receipt of the said notice, the supply of electricity will be disconnected. It is not disputed that the supply of electricity was in fact disconnected on June 17, 1968. On this date he made a representation to the respondents explaining that the allegation that he was running a workshop without a licence was not tenable and he had neither consumed electricity in excess of the sanctioned load nor in contravention of the Order but his representation was not heeded and the supply was not restored.

(3.) Section 22B of the Act gives the State Government the power to provide by order for regulating the supply, distribution, consumption or use of electricity if it is of the opinion that it is necessary or expedient so to do for maintaining the supply and securing the equitable distribution of energy. In exercise of this power the Order was promulgated on November 23, 1959 by the Lt. Governor, Delhi. Clause 3 of this Order provides that the licensee shall not make fresh supply of energy or increase supply of energy without the permission of Lt. Governor in cases other than those mentioned in this clause. Two of the cases mentioned are domestic appliances in commercial premises not covered by the Factories Act upto a maximum of 3KW. for each commercial unit and household industries upto a maximum of 1/2 KW. It is clear that so far as these two cases are concerned, the licensee, which in this case is the New Delhi Municipal Committee, can sanction a maximum load of 3KW. for domestic appliances in commercial premises not covered by the Factories Act and a maximum load of 1/2 KW for household industries.