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Legaladv 20210713141317280
Legaladv 20210713141317280
Legaladv 20210713141317280
Memo No a7 3 f pq i LB-2(e6014)1 9
Subject :- CWp no. 230O9 of 2019 filed by M/s lmpactProjects Private Limited & anr
Vs pSpCL & Ors.- Involving issue regarding electricity connections to the
residents of colonies developed by developers / builders / societies
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Le AdviSor
PSP L, Patiala
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,.Re$ondents
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coRAMi'HON'BLEMR.-.ru.S[ICE
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"r,,1: Mr. J.S.Gill, AdVO'qaii;{,,: ':," ' ;' '
for the petitionerst,
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l. Through this writ'peffi| fiGA fV two separate companies
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Garden Enclave Extension I the petitioners have already
completed the installation of LD system and as far as the
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remaining colonies; wherein NOAS have been issued by
Corporation, are concerned the petitioners are ready to
deposit the bank guarantee in relation to incomplete LD
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CWP No.23009 of 2(E9'
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In the considered
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project i.e 'Garden Enclave g*t6'diiott:l *ttf, re,spect to the land measuring
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by the PUDA. The!fur,
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Sr. Name of Licence Licence NOC NOC valid
No. Colony by date of valid upto issued by upto
issue PSEB il
(PSPCt)i
l. Garden LDC200?88 04.0r.2002 03.01.2005 NoNOC"
Enclave applied.
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the Regulation Act, 1995. The petitioners claim that when they approached
the PSPCL to take over the complete management of the electjricity supply
of the afore-stated six projects, the same: was::refus'ed and thQy have been
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d ar.h has heard the rearneo ."ffir.u|.
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parties at
length and with their able assistance perused ,il'b ifrblil on liberry
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having been granted, dle learned counsel for the petitioners t u,lnt.o written
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ARGAMENTS I
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3.
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CWP No.23009 of 2019 -5-
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1995'and therefore, clubbing of the expected demand of the electricity of all
the six colonies is not permissible. He further submits that the petitioners
cannot be directed to comply with the supply code, 2014, partigularly when
the 'NOC'(s) with fespect to 5 colonies have already been granted to the
petitioners before the year 20L4. Fufther, with respect to the first colony,
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have any statutqryU*is and therefore, the respondents cannbatnsist upon its
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various projects from time to;ffi+#ne lXm' itself, it was indicated that
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'bf actual release of the connection. He fruther submits that the petitioners
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did not complete the projects for a long time and therefore,'various 'NOCs'
do not confer any indefeasible right. He, while refening to Regulation 6.7
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of the Supply Code, 2014, submits that the respondent-Power Distribution
licensee has oaly directed the petitioners to cornply with the regulations
' that once it is shown that the developers are common and the land of all the
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identification and all the projects have common facilities including a single
entry and exit gate, then, the respondents are justified in c[ubbing the
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Code,20I4.
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State rGqvernment shall, within six, mo,pths ,from the appointfA Ogte,,, Uy
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various other provisions in thd 2003 Act,Which enables the
conferred under Sectibn 181 read with Sections 43, 44, 45,46,47, 4g, 50,
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CWP No.23009 of 2019 -7-
n6.7 Strytpty of Electriciry to Inilivifutal Consumqs in
the Residmtial Colonies/fuIulti-Storey Residential
Complexes Develapeil und.er hye-lawdrales of the Stote
Govl
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colonies/r
S.No. Name of category Load(KW)
Residential plots
1, Up ro 100 (Sq. Yards) 5
2. From f01- 200 (Sq. Yards) 8
3. From 201-250 (Sq. Yards) 10
Sr 4. From 251-350 (Sq. Yards) T2
5. From 351- 500 (Sq. Yarrls) 20
1 6. Above 500(Sq. Yards) 30
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occupiers.
;,i,,,The'expendtnre af L;p system including cable up
:iirtfo the metering poinT'bf each cons"die
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&1 kV system
include cost of the materitiT,ii,,::Tt, plus 16%
tion l's
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connections within the iime frame specified ii,regulation
8. However, the developer/builder societ!/ wners/
association of residents/occupiers shall havelthe option
to execute the worls of internal L.D system of the colony/
complex of its own in accordance with thQ approved
layout plan/sketch approved by the, distributiQn licensee
subject to payment of 15% supervision charpes on the
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CWP No.23009 of 2019 -9-
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' labour cost to the licensee. Nfter its completion and
,*ection by the Chief Electrical Inspector to Govt. of
Punjab, the distribu.tion licensee will take over the L.D
system which will be connected to its distribution system.
The distribution licensee shall thereafier maintain L.D
system at its own cost. In case the de:veloper requests for
energisation of incomplete LD system, the same shatl be
allowed provided the developer furnish a Bank
Guarantee (BG validfor 5 years) equivalent to 150% of
: the estimated cost,of balance works. This amount of Bank
Guarantee sndttt,tceip on reilucing with the complition of
. remaining warks" of the L.D: syster1 ,Afier submission of
'Bank Guarantee to .the satisfactioi ilflicensee, it shall be
responsibility of the licensee to release C,pnnections to
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,,:.,*;'i;,,,.i.','g1e residents/occupiers of the colony/complei according
i "'; ': to the timeframe specified in regulation
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4.L As already noticed the aforesaid supply code 2014 has been
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mpde in exercise of the powers conferred under the Electricity Act, 2003 and
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hende it is a subordinate legislation/delegated legislations. The
{' communications under challenge have been issued in accordance with the
aforesaid Supply Code 2L04. Therefore, the learned senior counsel is not
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conect in contending that the communications have been issued without any
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statutory basis.
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connection point shall also l.'Uo*'ty'*,i.A.rreloper. It is further provided
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Regulation 6.6 provides that the distribution licensee shall prdvide a single
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Kv. feeder.. Clause 6.7 further lays down the manner in whichltfre suppty of
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storey residential complexes, developed under the bye-laws at{O *t.s of the
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CWP No.23009 of 2019 -11-
r charges on the labour cost to the licensee and thereafter get it inspected and
the space and the right of way free of cost. In other words, as per the supply
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CWP No.23009 of 2019
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code, it is the duty/responsibility of the developer to bear the cfst of not only :
of the local distribution system but also to pay the system loading charges. It
may be noted here that the respondents have taken a specific stand that
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for the hoqseq, Of'each project nor the plots in these projects''ard separated by B
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a bounqlry wall. In these circum;taneq$,,particularly when *i
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licensee,is required to supply ttie,,elecficity in the area, In which.the
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expected demaqd is likely to: exceed:4009,:,tr(Ve, the petitio$ers, who 4re
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the
away froin providing
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developerS/colofrzers, cannotte'pe itteO.ito,stry :
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infrastructure required for the suppifu,of the electricity. As ahjeadV noticed,
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the respondents are justified in insisting the petitionerS to cordrply with the
requirements. r.).
4.5 It may be noted here that the learned counsel app{aring for the
means an area of land not less than 1000 Sq. Mtr. divided or plpposed to be
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counbel for the
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CWP No.23009 of 2019: i-14L
the disfiibution licensee. This 'NOC' is granted only to take lthe opinion of
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of 'NOC' does not confer any right on the developer to getithe electricity
supply on the basis of the supply code applicable at its issuance. Still
4.7 ,, ,,, r' The learned counsel for.the.,,r,,, ondents is also correct'while
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circumstances,thedi4ributionlicenseeisentit]edtoin!istuponthe
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petitioners to comply u{ith the necessary requirements,i so that the . l
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PSPcL.Nodoubt,individualelecuicityconnectionshavel.u[,i,,o"dtothe
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Whether reportable
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