DELHI VIDYUT BOARD Vs. KALYAN SINGH GOSWAMI

JUDGEMENT

(1.) The dilemma of the appellant DVB against the order dated 6.1.2001 is that under the orders and guidelines of the Ministry of Urban Development they have been directed not to give electricity connection and instal electricity meters in the unauthorised colonies except those who have been mentioned in the said guidelines/orders and the premises in question falls in the colony which is not listed in the said order.

(2.) Admittedly the appellant floated a scheme to provide electricity under "as is where is basis" and accepted a sum of Rs.290/- from each resident of the locality in question and when the consumers applied for obtaining unmetered electricity supply as per scheme published by the appellant, the appellant called upon them to complete the commercial formalities to obtain unmetered electric supply. Even if the contention of the Counsel for the appellant that they have been prevented by the Ministry of Urban Development from installing meter for those colonies which have not been listed in the directions given by the Ministry is accepted still the fact remains that the appellant accepted a sum of Rs.290/- from each consumer under the scheme though not against the published scheme 'as is where is basis' and the minimum expectation of the consumer was to at least get unmetered supply of electricity.

(3.) In view of the Government policy and the stand taken by the appellant, we feel inclined to modify the order as the directions given by the District Forum are entirely in contravention of the policy of the Government for electrification of unauthorised colonies and deem that the direction to the appellant to treat the payment of Rs.290/- paid by the respondent as payment made in response to 'as is where is basis' policy and provide him the unmetered electric supply for residential purpose only at least on humanitarian ground. The appeal is allowed in the aforesaid terms. The appellant is directed to comply this order positively within two weeks without completion of any formalities as being insisted upon by the appellant.