Cannot Keep Electricity Supply Disconnected For Indefinite Time Citing Replacing Of Overhead Wires By Underground Cables: Allahabad HC

The Court was hearing a Writ Petition praying for the restoration of the electricity supply. The Court directed Nagar Nigam and the Electricity Department of Moradabad to coordinate amongst themselves and restore the electricity supply to the petitioners in 48 hours.

The bench of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra observed, “We issue an ad-interim mandamus directing the respondents to coordinate amongst themselves and ensure restoration of electricity supply to the petitioners' premises within 48 hours”

Brief Facts-

The tenants of shops Shekhar Kapoor along with others are petitioning for restoration of their disrupted electricity supply due to road widening under the Smart City Development Project. In the process, overhead wires were removed and as a consequence, the electricity supply to the premises of the petitioners was disrupted. The respondents had also demolished the front part of the building to carry out widening and debris is still lying in front of the building.

The Court noted that the petitioners had valid electricity connection and the only reason for disconnecting the electricity supply was that the overhead wires were to be replaced by the underground cables, which, according to the Court cannot be a valid excuse for indefinite time.

The division bench said that the Nagar Nigam and the Electricity Department are under legal obligation to work together and remove the debris and restore the electricity supply to the lawful consumers.

The Court also said that if the authorities fail to comply with the Court's directions they would show cause as to why the Court should not impose exemplary damages for having disrupted the valid electricity connection of consumers for such a long period.

The Court listed the matter for further hearing.