SIYABAI THAKUR Vs. M P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is the President of Bheraghat Nagar Panchayat in district Jabalpur in the State of Madhya Pradesh and she has filed this writ petition as a Public Interest Litigation. She has stated that Bheraghat has been constituted as a Nagar Panchayat by a notification dated 27. 5. 1995 issued by the State Government under Section 5 (2) of the Madhya Pradesh Municipalities Act, 1961 (for short 'the Municipalities Act'), with the villages of Bheraghat, Choukital, Bhadpura, Dalpatpur, Lamhetaghat and Gopalpur. She has stated that Bheraghat is a place for attraction to the tourists and the Bheraghat Nagar Panchayat is providing all facilities to the tourists in the area but power supply to the Bheraghat Nagar Panchayat area has been restricted by the respondents No. 1 to 4. The petitioner has, therefore, prayed for a writ of mandamus or other direction to the respondents No. 1 to 4 to supply electricity to the Bheraghat Nagar Panchayat area in the same proportion as is being supplied to Jabalpur City and to treat the Bheraghat Nagar Panchayat as a semi-urban area and not a rural area.

(2.) MR. Rajesh Maindiretta learned counsel appearing for the petitioner submitted that by a notification dated 27. 5. 1995 Bheraghat has been constituted as a Nagar Panchayat and it will be clear from the language of Section 5 of the Municipalities Act under which Bheraghat has been constituted as a Nagar Panchayat that a Nagar Panchayat is an area in transition from a rural area to an urban area. He further submitted that by a subsequent notification dated 25. 3. 2006 issued by the State Government under Section 14 of the Electricity Act, 2003 (for short 'the Electricity Act'), the State Government has declared that all such area as rural area for the purpose of the Electricity Act other than larger urban area constituted under Section 7 of the Madhya Pradesh Municipal Corporation Act, 1956 and smaller urban area or transitional area constituted under Section 5 of the Municipalities Act and special area under Section 64 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. He submitted that it is, thus,clear that the Bheraghat Nagar Panchayat area is not a rural area and is entitled to supply of electricity in the same proportion in which the electricity is being supplied to urban areas.

(3.) MR. Shishir Dixit learned counsel appearing for the respondents No. 1 to 4 on the other hand, submitted relying on the return filed by the respondents No. 1 to 4 that the Bheraghat Nagar Panchayat comes under the distribution licensee M. P. Poorva Kshetra Vidyut Vitran Company Ltd. , Jabalpur and is a rural area. He further submitted that on account of deficiency of power as per the power cut schedule, electricity is being supplied to this rural area in accordance with the norms fixed by the Madhya Pradesh State Electricity Board. He further submitted that for the tourist activities in Bheraghat, however, electricity supply is being maintained as per the schedule applicable to the district headquarters.