MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. MAHINDRA LIFE SPACE DEVELOPERS LIMITED

JUDGEMENT

(1.) By consent of parties, petition is heard finally at the admission stage. By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 31st January,2018 passed by the appellate authority and Chief Electricity Inspector under section 127 of the Electricity Act, 2003 allowing the Appeal No.183 of 2010 filed by the respondent no.1. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) The petitioner is one of the successor entities of the erstwhile Maharashtra State Electricity Board and is undertaking business of distribution of electricity in its area of supply. The petitioner is the original respondent in the Appeal No.183 of 2010 whereas the respondent no.1 is the original appellant in the said appeal. The respondent no.1 is the real estate developer involved in civil construction activities. The respondent no.2 was a party respondent in the appeal filed by the respondent no.1 before the appellate authority.

(3.) On or about 1st July, 1997, Pune Municipal Corporation issued commencement certificate in favour of the respondent no.1 for Phase -1 of the project. On 3rd September, 1998, the predecessor of the petitioner executed a lease deed in favour of the predecessor of the respondent no.1 whereby the predecessor of the respondent no.1 agreed to take on lease a small portion of the land for the purpose of electric transformer sub-station. The said sub-station is near the parking area on the ground floor and is a single storeyed structure.