EXECUTIVE ENGINEER, ELECTRICITY URBAN DISTRIBUTION DIVISION Vs. ELECTRICITY OMBUDSMAN (APPELLATE AUTHORITY) AND ORS.

JUDGEMENT

(1.) Heard Sri Mahboob Ahmad, Advocate, for petitioner and Sri B.C. Rai, Advocate, for respondents. This writ petition under Article 226 of the Constitution of India has come up at the instance of Executive Engineer, Electricity Urban Distribution Division, Bamrauli, Allahabad (hereinafter referred to as the "petitioner"), aggrieved by order dated 8.10.2013 (Annexure 7 to the writ petition) passed by "Electricity Ombudsman" (hereinafter referred to as the "Ombudsman"), on a complaint made by Principal, Civil Aviation Training College, Bamrauli, Allahabad (hereinafter referred to as the "Aviation College") challenging demand/levy of charges under the head "Protective Load", since 1.12.2004 to 30.4.2012, and, for refund of the amount paid under the aforesaid head, for the month of May' 2012, and, onwards.

(2.) The Aviation College is a part of Civil Aviation Department of Government of India. A Communication Training Center was earlier established at Saharanpur wherefrom it was shifted to Allahabad on 16.8.1948. The aforesaid Center started to give Flying and Communication Training which was subsequently added with the training of Air Traffic Controllers and Technical Officers of Civil Aviation Department. Later on Civil Aviation Training Center became part and parcel of National Airports Authority of India which is now renamed as Airports Authority of India. The title of College was also changed to "Civil Aviation Training College" in the year 1990. Therefore, presently the "Aviation College" is part and parcel of Airports Authority of India and its main objective is to fulfill training needs of the Authority.

(3.) Besides the Training College, it has incidental infrastructures, like, domestic and residential colonies, situate in the College campus as well as in its vicinity. For domestic and residential colony, there is an electricity supply connection No. S.C. 1021/BS. A bulk energy agreement was executed between Aviation College and Purvanchal Vidyut Vitran Nigam Limited (hereinafter referred to as the "PVVNL"), a Distribution Licensee of electricity in eastern U.P. which has its area of operation at Allahabad also, through its Executive Engineer, i.e. the petitioner. The aforesaid agreement was executed for supply of electricity to domestic/residential colony of Aviation College. An 11 K.V. Sub-station was established by PVVNL, the Distribution Licensee, on the land given by Aviation Department, on lease. This Sub-station was established long before constitution of PVVNL, i.e., during the period of erstwhile body of electricity distribution and supply, i.e., U.P. State Electricity Board, a statutory body constituted under Section 5 of The Electricity (Supply) Act, 1948 (hereinafter referred to as "Act, 1948").