Case Note & Summary
The petitioner, Telecom Employees Co-operative Housing Society Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the order dated 15.7.2016 passed by the 3rd respondent (Chief Engineer, BESCOM) confirming the earlier revised intimation letter dated 10.6.2015, and a writ of mandamus directing the respondents to arrange power supply to the Society. The Society had applied for electricity connection and was given an initial estimate. However, without any notice or hearing, the respondents issued a revised intimation letter demanding additional charges. The Court found that the unilateral revision of the estimate without affording an opportunity of hearing violated principles of natural justice. Consequently, the Court quashed the impugned order and revised intimation letter and directed the respondents to provide power supply as per the original estimate within four weeks. The writ petitions were allowed.
Headnote
A) Electricity Law - Supply of Electricity - Revised Estimate - Principles of Natural Justice - The petitioner-Society applied for electricity connection and was given an initial estimate. Subsequently, the respondent-BESCOM issued a revised intimation letter demanding additional charges without any notice or hearing to the Society. The Court held that such unilateral revision without affording an opportunity of hearing violates principles of natural justice and quashed the revised intimation and confirmation order. (Paras 1-6) B) Electricity Law - Writ Jurisdiction - Quashing of Orders - The Court, exercising jurisdiction under Articles 226 and 227 of the Constitution of India, quashed the order dated 15.7.2016 and the revised intimation letter dated 10.6.2015, and directed the respondents to arrange power supply to the petitioner-Society in accordance with the original estimate within four weeks. (Paras 6-7)
Issue of Consideration
Whether the respondent-BESCOM could unilaterally revise the estimate for providing electricity connection to the petitioner-Society without affording an opportunity of hearing, and whether the demand for additional charges was justified.
Final Decision
The writ petitions are allowed. The order dated 15.7.2016 and the revised intimation letter dated 10.6.2015 are quashed. The respondents are directed to arrange power supply to the petitioner-Society in accordance with the original estimate within four weeks from the date of receipt of a copy of this order.
Law Points
- Principles of natural justice
- Electricity supply connection
- Revised estimate
- Demand for additional charges
- Writ of certiorari
- Writ of mandamus
