ARUNACHALAM MOHAN SERVAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filling this petition, the petitioner has prayed for a direction against the first respondent to restore electricity supply at petitioners industrial unit situated at the premises being plot No.1 paiki, admeasuring 600 Sq. yards at Survey No.96, Final Plot No.26, T.P. Scheme No.3 (Odhav). The petitioner claims to be in occupation of the said plot and on the plot, the petitioner has constructed factory building.

(2.) It is the case of the petitioner that by way of agreement to sell, he purchased Plot in question from one Rameshji Lakhmanji Thakor. The agreement to sell was executed on 01st April, 2009 and that since the said date, petitioner has been in physical occupation of the Plot, where he has been running the factory. The Plot is situated in the industrial zone known as Industrial Zone IG. The zoning certificate is issued by the competent authority of the Ahmedabad Municipal Corporation. The petitioner has also obtained licence from the Directorate of Industrial Safety and Health.

(3.) The petitioner is aggrieved for the reason that the respondent electricity company disconnected power supply at the premises of the petitioner on 24th Sept., 2010. This was upon intimation by the Mamlatdar who treated the petitioner as encroacher on the Plot. It appears that the petitioner preferred Special Civil Application No.15530 of 2011 seeking regularisation of the Plot. This Court permitted withdrawal of the petition and directed the petitioner to approach the competent authority for the prayer of regularisation. The petitioner had approached the electricity company seeking electricity connection and thereafter the Electricity Ombudsman by means of filing Case No.163 of 2014. The said case was decided by the Electricity Ombudsman on 10th Dec., 2014 wherein it was held that the power supply to the petitioner could be restored only when legal ownership of land is established by the land revenue authority.