M P ELECTRICITY BOARD Vs. KESHAV RAGHUVANSHI

JUDGEMENT

(1.) THE appellanthas assailed the order dated 1.5.2007 of the District Forum, Vidisha passed in ease No. 20/2006 whereby the Forum has directed the appellant to provide a permanent electricity connection to respondent. It is not disputed that a temporary connection has already been provided to the respondent but learned Counsel has submitted that as per para 4.41 of the Electricity Supply Code, 2004 without the application having been routed through the colonizers, permanent connection cannot be granted. Para 4.41 regarding LT Supply to housing colonies reads as under: "4.41. The developer/builder/society/ consumers of a housing colony shall bear the cost of extension including the cost of 11 kV line, distribution transformer and LT lines/LT cables. The developer/builder shall also pay 'System Strengthening Charges'/'Capacity Building Charges', if any. In case it is not possible to give supply to a housing colony by augmentation of the capacity of existing 33/11 kV sub -station or the load of the housing colony exceeds 2150 kW, the developer/builder/society/ consumer shall bear the cost of 33 kV line and 33/11 kV sub -station of required capacity. In such cases System Strengthening Charges or Capacity Building Charges, if any, shall be payable according the procedure approved in the Schedule of Miscellaneous Charges. The developer/buildcr/society/consumer includes any agency whether Government, local body or private that constructs the building/colony."

(2.) LEARNED Counsel for the respondent submits that individual houses have been built by owners and, therefore, it is not possible to route the application through developer, builder, society or consumers. Since the respondent is also a consumer within the meaning of para 4.41, an application would also lie on behalf of such individual unless it is a case of housing colony. Though it is not disputed that it is a case of housing colony, the fact remains that a number of persons have been granted permanent connection for their domestic houses. The connections were given to Shri H.L. Nagdev, Shri Anil Kumar Dubey, Shri Bhaskar Rao, Shri Ramesh Babu, Shri Khimji Bhai, Shri Sohan Kumar, Shri Mohammad Sadiq, Shri Girvar Singh, Shri Bhagwan Singh, Shri Gyarsilal and Shri Mukesh Singh as per the record of the Electricity Board. Learned Counsel however, submits that on account of the provision made in para 4.41 of the Electricity Supply Code, 2004, the connection cannot be given after the implementation of the said Code. Learned Counsel for the respondent has produced a letter dated 13.3.2006 in which it is stated that if there are already electricity poles in the area and electricity is required, according to the load of the equipments, connection can be given. The respondent has asked for domestic connection and, therefore, load would not be much. Considering that permanent connection has been granted to all others, we are of the view that the District Forum has not erred in directing the Electricity Board to provide a permanent connection to the complainant who already holds a temporary connection.

(3.) THIS appeal is therefore dismissed with no order as to costs.