SHREERAM CONSTRUCTION Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution, the petitioners are seeking the following reliefs:

(2.) THE petitioners are builders and developers. The petitioners have constructed a building with three wings consisting of 84 residential flats at Mulund, Mumbai. The petitioners applied to the respondent for supply of electricity for their building by submitting requisitions for the same in the standard form of the respondent at their Mulund Division Office. The requisitions were registered by the respondent under No. M-690 to 701 dated 25th July, 1984. Same time in March, 1985 the respondent informed the petitioners that the petitioners will have to provide free of cost a sub-station building in their plot for the use of the respondent. Accordingly, the petitioners submitted to the respondent the site plan drawing for the substation building. By his letter dated 26th March, 1985 addressed to the petitioners, the Executive Engineer of the respondent approved the site plan. The Executive Engineer further stated in the said letter that the substation will be constructed by the petitioners at their cost and the same will be handed over to the Board free of cost and electricity supply to the petitioners building will be released after equipping the sub-station. The petitioners plan for construction of the substation was approved by the Bombay Municipal Corporation (BMC) sometimes in July, 1985. The construction of the sub-section building was completed some time in Dec. 1985. According to the petitioners, they incurred cost of approximately Rs. 76,000/- on construction of the sub-station building. By their letter dated 20th Dec. 1985 the petitioners intimated to the respondent that the construction of the sub-station building was complete and requested the respondent to take over the possession. A reminder to the same effect was sent by the petitioners to the respondent on 28th January, 1986. .

(3.) THE Executive Engineer of the respondent by letter dated 30th April, 1986 called upon the petitioners to make payment of Rs. 3,27,800/- as non-refundable capital cost towards extension of high tension cable and distribution transformer sub-station etc. It was further stated in the said letter that the petitioners will have to bear in addition the cost towards the low tension service cables and other charges such as security deposit etc. It seems that the petitioners wrote letters to the officers of the Board complaining that the demand is unreasonable, particularly, in view of the previous commitment made by the respondent. In reply, the Executive Engineer informed the petitioners that the respondent had revised their conditions and miscellaneous charges for supply of electrical energy with effect from 8th Nov. 1985 and as per the revised conditions the total cost (non-refundable) involved in extension of high tension lines, distribution transformer sub-station and low tension line etc. is payable by the consumer. The Executive Engineer along with his letter enclosed copy of the public notice dated 8th Nov. 1985 prescribing revisions in respect of the conditions and miscellaneous charges for supply of electrical energy which were made effective from 8th Nov. 1985. It seems that the petitioners made a further representations to the Chairman of the respondent. However, there was no response. Finally, the petitioners approached this Court by filing the present writ petition claiming various reliefs.