Case Note & Summary
The petitioner, Md Hasnuddin, owner of a house in Gulbarga, applied for an electricity connection from the Gulbarga Electricity Supply Company (GESCOM). The respondent No.4 issued a sanction letter dated 25.02.2013 with conditions, including condition No.13 requiring mandatory installation of a solar water heater and condition No.16 requiring submission of a certificate of installation. These conditions were based on a notification dated 01.07.2010 issued by the Karnataka Electricity Regulatory Commission (KERC) inserting clause 4.02(vi) in the KERC (Power Procurement and Other Miscellaneous Matters) Regulations, 2004. The petitioner challenged the notification and the conditions as unreasonable, discriminatory, and violative of Articles 14 and 21 of the Constitution of India. The court examined the powers of the KERC under Section 86(1)(e) of the Electricity Act, 2003, which mandates the Commission to promote renewable energy sources. The court held that the condition requiring solar water heater installation for new connections is a reasonable measure to promote renewable energy and reduce environmental impact. The classification between new and existing consumers is based on an intelligible differentia and has a rational nexus with the objective, thus not violating Article 14. The court dismissed the writ petition, upholding the validity of the condition.
Headnote
A) Electricity Law - Mandatory Solar Water Heater - Validity of Condition - Section 86(1)(e) of the Electricity Act, 2003 - Regulation 4.02(vi) of KERC (Power Procurement and Other Miscellaneous Matters) Regulations, 2004 - The petitioner challenged the condition requiring installation of solar water heater for new electricity connections as unreasonable and discriminatory. The court held that the condition is a reasonable measure to promote renewable energy sources and is within the powers of the Commission under Section 86(1)(e) of the Electricity Act, 2003. The classification between new and existing connections is reasonable and not violative of Article 14. (Paras 1-10) B) Constitutional Law - Right to Equality - Reasonable Classification - Article 14 of the Constitution of India - The petitioner argued that the condition discriminated against new consumers. The court held that the classification between new and existing connections is based on an intelligible differentia and has a rational nexus with the object of promoting renewable energy. The condition does not violate Article 14. (Paras 8-10) C) Environmental Law - Promotion of Renewable Energy - Solar Energy - Section 86(1)(e) of the Electricity Act, 2003 - The court recognized the importance of promoting renewable energy sources to address environmental concerns and reduce dependence on conventional energy. The mandatory solar water heater condition is a step towards achieving this objective and is in the public interest. (Paras 7-10)
Issue of Consideration
Whether the condition imposed by the Karnataka Electricity Regulatory Commission (KERC) requiring installation of solar water heater for new electricity connections is unreasonable, discriminatory, and violative of Articles 14 and 21 of the Constitution of India.
Final Decision
The writ petition is dismissed. The condition requiring mandatory installation of solar water heater for new electricity connections is upheld as valid and reasonable.
Law Points
- Mandatory solar water heater condition for electricity connection is valid
- Regulation 4.02(vi) of KERC (Power Procurement and Other Miscellaneous Matters) Regulations
- 2004
- Section 86(1)(e) of Electricity Act
- 2003
- Promotion of renewable energy sources
- Non-discriminatory
- Reasonable classification
