SCO NO. 220-221, SECTOR 34-A,
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
Dated:
04.02.2010