PURVANCHAL VIDYUT VITRAN NIGAM LTD Vs. VIDYUT LOKPAT

JUDGEMENT

(1.) HEARD Shri H. P. Dube, learned counsel for the petitioner and Shri ashutosh Mishra, caveator for the respondent no. 2. With the consent of the parties, the matter was heard and is being finally decided.

(2.) THE 'purvanchal Vidyut Vitran Nigam ltd. , Bhikaripur, Varanasi' through its managing Director-petitioner No. 1 and the executive Engineer, Electricity Distribution division, Fatehpur-petitioner No. 2 have filed this writ petition to set aside an award of the 'electricity Ombudsman' made under section 42 (7) of (The) Electricity Act, 2003.

(3.) SHRI Gopal Krishan Gupta, Managing director of M/s. Shyam Ferrous Ltd. Fatehpur (the unit) applied for sanction of 3000 KVA connection. In his application he stated that he was one of the best consumers of electricity for last ten years of 3000 k. V. A. electricity which was connected with 33 K. V. Fatehpur Feeder. On account of unstable market and resultant financial difficulties, he had requested on 20-6-2006 for four months temporary disconnection. The permission was not given, on which, he paid all the dues and got the electricity permanently disconnected on 31-7-2006. As soon as his financial condition improved he made an application on June, 2007 after depositing rs. 3000/- and completing all the formalities for 3000 KVA electricity connection. The consumer cited the example of five nduction furnaces and rolling mills at fatehpur fed from UPSIDC feeder, and the difficulty of establishing independent feeder across railway lines and about 4 km. of agricultural land. He pleaded that the unit have to spent Rs. 50 lacs for the cost of independent feeder, which the unit will be unable to bear.