Gujarat High Court Case Information System
Print
SCA/13906/2009 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13906 of 2009
=========================================================
JAYESHBHAI
BHARATBHAI BHATT - Petitioner(s)
Versus
MADHYA
GUJARAT VIJ COMPANY LTD & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NIRAV C THAKKAR for
Petitioner(s) : 1,
MR DIPAK R DAVE for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 17/02/2010
ORAL
ORDER
1.0 By
way of present petition, the petitioner has prayed to quash and set
aside the communication dated 09.09.2009 issued by the respondents
whereby they have directed the consumers to install the electric
meters outside their premises.
2.0 The
facts of the case in brief are that the petitioner is a resident of
city of Nadiad since long time. The petitioner and other residents
were under the supply of electricity through the erstwhile GEB. At
the time of supply of electricity through GEB, the meters insides the
premises provided for additional safety and security to the meters
from atmosphere effect as well as mischief of passers-by. Earlier,
the inspectors used to come into the premises and record the reading
in the meters without any difficulty. Recently, G.E.B was demerged
into various companies subsequent to which the company supplying the
electricity to the city of Nadiad became Madhya Gujarat Vij Company
limited. The respondent has given direction directing the residents
as well as businessmen of the city of Nadiad to have their electric
meters installed outside their respective premises. Since
implementation of the said circular/direction of respondents is
causing great inconvenience and expenditure to the citizens of city
of Nadiad, several representations were made by them requesting the
respondents to reconsider the same and raising their grievances and
objection against it. The respondents vide communication dated
09.09.2009 stated that considering section 5.3.1 of Notification No.
11/05, the meters are to be installed on such places in the premises
which are easily accessible to employees of the electric company.
Since no steps are taken by respondents, the petitioner has filed the
present petition.
3.0 Learned
advocate for the petitioner submitted that the petitioner is not
supplied copy of any such notification directing the consumer to
install the meters outside their premises. He further submitted that
when the erstwhile Gujarat Electricity Board was responsible for
supply of electricity to the petitioner and other residents of city
of Nadiad and when the meters were installed inside the premises of
consumers, no case of inconvenience to the Electrical Inspector was
reported to justify such action on the part of the respondents. There
is no complaint regarding the inconvenience caused to the petitioner
due to installing the meters inside the premises.
3.1
Learned advocate for the petitioner further submitted that
respondents have not satisfactorily explained or replied to various
representations made by them and also a vague and unconvincing reply
was given by communication dated 09.9.2009.
4.0
Learned advocate for the respondent submitted that inside meter was
causing great inconvenience and it was taking lot to time also.
Sometimes, the heated arguments also took place with regard to the
timing of the meter readers when meter was inside the premises. Even
at the time of checking the meter, sometimes difficulties were faced.
It is also submitted that in cases where meters are placed inside,
incidents of electrocution have also been reported and sometimes
because of heavy load, sparks were taken place. All these aspects are
being considered and as a policy decision, G.U.V.N.L has decided
under the direction of Ministry of Energy to place the meter outside
the premises. It is always convenient and also safe for the consumer
to place the meter outside the premises.
4.1 It
is also submitted that for getting meter replaced from inside the
premises to outside the premises,no extra charge for wiring and
fixing is taken, but only charge of resealing is taken as per
Notification of Gujarat Electricity Regulatory Commission.
5.0 As
a result of hearing and perusal of the record it is found that as per
policy decision of the company, G.U.V.N.L has decided under the
direction of Ministry of Energy to place the meter outside the
premises. It is convenient and also safe for the consumer to place
the meter outside the premises. It is also pertinent to note that in
cases where meters are placed inside, incidents of electrocution have
also been reported. There is also inconvenience for the meter readers
when the meters are placed inside the house. Therefore, the decision
taken by the authority is just and proper and no relief is required
to be granted to the petitioner.
6.0 The
petition is required to be dismissed and the same is dismissed
accordingly. Notice is discharged with no order as to costs.
(K.S.JHAVERI,
J.)
niru*
Top