PUNJAB STATE ELECTRICITY REGULATORY COMMISSION

SCO NO. 220-221, SECTOR 34-A, CHANDIGARH

 

 

                                                                                       Petition No. 13 of 2009

                                                                                       Date of Order: 04.02.2010

 

 

In the matter of :  Petition under section 42(1), 43 read with Section 86 of the Electricity Act, 2003 for direction/clarification in respect of Regulation 13.5.2 of Electricity Supply Regulations  -   supply of electricity to the corporate agricultural consumers.

                                               

AND

 

In the matter of:        M/s Golden Melodies (P) Limited

             

Versus

 

The State of Punjab through Secretary(Power), Punjab, Mini Secretariat, Sector 9, Chandigarh  and others

 

 

  Present:                 Shri Jai Singh Gill, Chairman

                                Shri Satpal Singh Pall, Member

 

 

For petitioner:        Shri  Puneet Jindal, Advocate

 

For PSEB:              Shri J.P.Singh Dy.C.E./TR-II   

                                 Shri R.S.Saini, Addl.S.E.

                                 Shri Mohinder Pal, AEE.          

 

 

 

ORDER:

 

 

 

1.         This petition has been filed by M/s Golden Melodies Private Limited for issuance of a direction to the Punjab State Electricity Board (Board) not to discriminate between individual and corporate agriculturists and to release a tubewell connection to the petitioner as per  Regulation 13.5 and 13.6 of the  Electricity Supply Regulations (Regulations) of the Board under the priority category.

2.         The petition states that the petitioner is a company incorporated under the Companies Act 1952 and owns agricultural  land in Village Haripur Kuran, Tehsil Dera Bassi, District Patiala which is being cultivated by it. A copy of Jamabandi for the year 1999-2000 has also been produced which depicts ownership and cultivation of the land by the company. It is also pointed out that Tehsildar, Dera Bassi has certified that Village Haripur Kuran falls within the Kandi Area as notified by the Punjab Government and that as per Regulation 13.6.2 read with Regulation 13.5.2 of the Electricity Supply Regulations of the Board, the petitioner is entitled to be released a tubewell connection under the priority category. It is also contended that on 13.7.2005 the petitioner applied for a tubewell connection of 12.5 BHP under the priority scheme after observing requisite formalities but has not received any information regarding the fate of his application.

 

3.         The petition was admitted and notices issued to the respondents. PSEB has filed a reply stating that a tubewell connection was applied for in the name of Shri Paramjit Singh S/o Shri Ajit Singh of Village Haripur Kuran and the application was rejected because the land for which the connection was sought is not in the name of the applicant but that of M/s Golden Melodies (P) Limited (Firm) which is registered for purposes other than agricultural. It is further stated that rejection of the application for a tubewell connection was intimated to the applicant by registered post on 9.6.2006. The State Government has also filed a reply in which it is stated that the tubewell connection has been rightly denied in view of the fact that the connection had been applied in the name of Shri Paramjit Singh whereas the land is in the name of M/s Golden Melodies (P) Limited which is engaged in business other than agriculture as per its Memorandum and Articles  of  Association

 

4.         The petitioner filed a rejoinder to the reply filed by respondent No.2 stating that  the  tubewell  connection  was  applied  by  the  owner  of  the land (M/s Golden Melodies Pvt Limited) through its Director, Shri Paramjit Singh, who was duly authorized to file the application as per Resolution dated 14.7.2005 passed by the Board of Directors of the Company. It is further mentioned that a perusal of letter dated 7.6.2006 reveals that the Additional SE, Lalru had sent this letter to the Assistant Executive Engineer, Dera Bassi without endorsing copy thereof to the petitioner or Shri Paramjit Singh.

5.         Arguments were heard on  13.01.2010. At the outset, the learned counsel for the petitioner pointed out that no communication was received from the Board either as to the fate of his application or seeking any further clarifications.  He also urged that Shri Paramjit Singh Director of M/s Golden Melodies Private Limited was  authorized by a Resolution dated 14.7.2005 passed by the Board of Directors of the Company to apply for a tubewell connection. Accordingly he signed the A&A Form on behalf of M/s Golden Melodies Private Limited and filed an affidavit stating that the connection is being sought for that company. It is further argued that the applicant firm has to be treated as a ‘person’ which expression as per the General Clauses Act and the Electricity Act 2003 includes a company or  a body corporate. Thus, the Board has clearly erred in denying a connection to the petitioner on the plea that a company is not entitled to the release of an AP connection. Finally, the learned counsel for the petitioner has clarified that Memorandum of Association of the Firm specifically envisages agriculture/horticulture etc. as one of the objectives of the Firm.  

 

6.         The representative of the Board stated that as per Regulation 13.5.1 and 13.5.2 of Electricity Supply Regulations, tubewell connection can not be issued to the companies on a priority basis. PSEB has filed submissions dated 19.01.2010 and 21.01.2010 in which it  is stated that an AP connection can be released to M/s Golden Melodies Private Limited provided it owns land in its name and intends to use power purely for agricultural purpose and that no AP connection has ever been released by PSEB in the name of any firm. It is further stated that release of connection will be governed by the instructions prevailing at the time of its release.

 

7.         The Commission notes that the land, for which a tubewell connection was applied, is in the name of the company M/s Golden Melodies Private Limited in the revenue record. Shri Paramjit Singh was authorized by a resolution of 14.7.2005 passed by the Board of Directors of the Company to apply for a tubewell connection. The relevant record of the Board pertaining to the application  submitted by the petitioner was summoned from the concerned office. It is revealed therefrom that Shri Paramjit Singh has in the application mentioned the name of the company under his signatures and submitted an affidavit alongwith the A&A Form stating that the connection was being applied for on behalf of his company, M/s Golden Melodies Private Limited. The record further reveals that intimation regarding the rejection of the application was not sent by registered post as stated by the Board as a postage stamp of only Rs.5/- is shown to be affixed in the Despatch Register. Moreover, Section 3(49) of the Electricity Act 2003 defines a person to include any company, body corporate or an association or body of individuals whether incorporated or not. Thus, there is no scope to discriminate between an individual  and corporate agriculturist while considering release of an AP connection. So far as the objection of the Board that the firm is registered for purposes other than agriculture is concerned, the fact is that the Memorandum of Association of the Company also provides for agriculture, farming and horticulture   as an objective of the company. The Board has rejected the application of the petitioner on the grounds that the name of the applicant does not feature in the revenue record and that a company is not entitled to the release of an AP connection. In the light of the above discussions, neither of these contentions can be sustained. It is also a fact that the Board did not properly inform the petitioner about the disposal of his application. The Commission concludes that the application has not been dealt with by the Board in accordance with the provisions of the Electricity Act besides taking into account considerations that were contrary to facts. Accordingly, the Commission accepts this petition and directs the Board to consider and decide the application of the petitioner for release of a tubewell connection within one month of the receipt of this order. The matter will be considered in the light of the policy as prevailing at the time when the application was submitted.                

 

                        Sd/-                                                                             Sd/-

                           (Satpal Singh Pall)                                               (Jai Singh Gill)

                            Member                                                                   Chairman

 

 

Chandigarh

Dated:  04.02.2010