K S E BOARD Vs. SAKEENA

JUDGEMENT

(1.) Whether the height of a multi-storeyed building has to be measured from the basement or from the ground level for the purpose of Rule 50A of the Indian Electricity Rules 1956 read with Regulation 12 of the Conditions of Supply of Electrical Energy is the question that has come up for consideration in this case.

(2.) Learned single Judge made reference to Rule 110 of the Kerala Municipality Building Rules, 1999 and took the view that "high rise building" is one which is having more than four floors and/or 15 metres of height from the ground level. Reading Rule 50A of the Indian Electricity Rules in conjunction with Rule 110 of the Kerala Municipality Building Rules learned Judge took the view, for determination of the height, the ground level has to be taken into account and not the floor level. Board is aggrieved by the reasoning of the learned single Judge and has filed this appeal.

(3.) Application preferred by the petitioner for electric connection was not entertained by the Electrical Division, Kozhikode due to noncompliance of the provisions of Rule 50A of the Indian Electricity Rules. The Executive Engineer of the Board sent a letter dated 27-11-2002 to the petitioner stating that petitioner's building is a multi-storeyed building having more than 15 metres in height and electric connection would be given to the petitioner only if a written communication is received from the Electrical Inspector. Petitioner filed his reply stating that Rule 50A would not apply to his case, which was not accepted by the Executive Engineer who issued communication dated 30-11-2002 stating that the petitioner should produce the necessary sanction from the Electrical Inspector for considering the application for supply of electrical energy. The Executive Engineer took a specific stand that the petitioner's building is a multi-storeyed building with a height of more than 15 metres and that Rule 50A of Electricity Rules 1956 does not specify that the height is to be measured from the ground level only. The petitioner then took up the matter with the Chief Engineer (Electrical Division) Kozhikode who rejected the petitioner's request vide his letter dt. 18-12-2002 stating as follows: