Neighbour’s objection is no ground to deny power supply, rules HC
TIMES NEWS NETWORK
Chennai:29.10.2019
The Madras high court has made it clear that the Tamil Nadu Generation and Distribution Corporation (Tangedco) cannot deny electricity connection to a consumer even if their premises has no frontage on the street. In such cases, the supply line has to go upon, over or under the adjoining premises of the neighbours and the same cannot be objected to, it said.
Justice G Jayachandran passed the order on a plea moved by a Tirupporur resident, challenging a Tangedco communication dated August 27, denying electricity connection to her residential building citing that neighbouring land owners objected to it. Opposing the plea, Tangedco submitted that provisions of the Tamil Nadu Electricity Distribution Code, 2004, mandates that service connection cannot be granted if there is any objection. It said petitioner’s neighbours claimed there was a civil dispute pending regarding the title and that their right would be prejudiced if service connection was provided to the petitioner.
Pointing out the provisions of the code, Justice Jayachandran said, it provides for supply of energy to the consumers on certain conditions and if the consumer’s premises has no frontage on the street and the supply line has to go upon, over or under the adjoining premises of any other person, the intending consumer should arrange it on his own expense, leave licence or sanction before the supply is effected.
In this case, it was not the inability of the consumer to provide way leave but the objection of neighbours who have filed the suit in respect of the small portion of the land, to an extent of 889sqft, the judge said. The said suit cannot give any right or authority to the neighbours to object to provision of electricity connection to the petitioner, who is holding a larger extent of land, nearly 12,000sqft, the judge said. The court then directed the electricity corporation to provide power connection to the petitioner.
The court directed Tangedco to provide power connection to the petitioner
TIMES NEWS NETWORK
Chennai:29.10.2019
The Madras high court has made it clear that the Tamil Nadu Generation and Distribution Corporation (Tangedco) cannot deny electricity connection to a consumer even if their premises has no frontage on the street. In such cases, the supply line has to go upon, over or under the adjoining premises of the neighbours and the same cannot be objected to, it said.
Justice G Jayachandran passed the order on a plea moved by a Tirupporur resident, challenging a Tangedco communication dated August 27, denying electricity connection to her residential building citing that neighbouring land owners objected to it. Opposing the plea, Tangedco submitted that provisions of the Tamil Nadu Electricity Distribution Code, 2004, mandates that service connection cannot be granted if there is any objection. It said petitioner’s neighbours claimed there was a civil dispute pending regarding the title and that their right would be prejudiced if service connection was provided to the petitioner.
Pointing out the provisions of the code, Justice Jayachandran said, it provides for supply of energy to the consumers on certain conditions and if the consumer’s premises has no frontage on the street and the supply line has to go upon, over or under the adjoining premises of any other person, the intending consumer should arrange it on his own expense, leave licence or sanction before the supply is effected.
In this case, it was not the inability of the consumer to provide way leave but the objection of neighbours who have filed the suit in respect of the small portion of the land, to an extent of 889sqft, the judge said. The said suit cannot give any right or authority to the neighbours to object to provision of electricity connection to the petitioner, who is holding a larger extent of land, nearly 12,000sqft, the judge said. The court then directed the electricity corporation to provide power connection to the petitioner.
The court directed Tangedco to provide power connection to the petitioner
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