Allowed

M/s, Indus Towers Limited, 3rd Floor, Usha 36, Jubilee v. The Northern Power Distribution Company of a.p.Limited

Telangana HC21 Apr 2010WP/25011/2009

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the illegal disconnection of power supply to telecom towers. The court held that disconnection without a prior notice violates the General Terms and Conditions of Supply. It directed restoration of supply while reserving the right of the respondents to take appropriate action later.

What did the court decide?

Direction to the 1st respondent to restore power supply to the towers erected by the petitioner companies.

M/s, Indus Towers Limited, 3rd Floor, Usha 36, Jubilee… — Property and Title | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.25011 of 2009

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Dated:21st April, 2010

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Between:

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M/s. Indus Towers Limited, 3^rd Floor, USHA 36, Jubilee Towers, Road No.36, Jubilee Hills, Hyderabad, rep. by its Circle Head & Ors.

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….Petitioners

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and

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1. The Northern Power Distribution Company of A.P. Limited (APNPDCL) rep. by its Divisional Electrical Engineer (Operation), Peddapally, Karimnagar District and others.

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…Respondents

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.25011 of 2009

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ORDER:

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This Writ Petition has been filed by M/s.Indus Towers Limited represented by its Circle Head and 3 other companies, assailing the action of the respondents 1 and 2 in disconnecting the power supply to the towers erected by them.

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2. The petitioner Companies are incorporated under the provisions of the Companies Act, 1956. The petitioner Companies have obtained service connections to various towers erected by them from the Northern Power Distribution Company of A.P. Limited (APNPDCL) represented by its Divisional Electrical Engineer (Operation), Peddapally, Karimnagar District-1^st respondent and they have been paying the consumption charges. The Assistant Divisional Engineer (Operation), APNPDCL, Godavarikhani, Karimnagar District-2^nd

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respondent has disconnected the power supply to the said towers as per letter dated 05.10.2009 stated to have been addressed by the Ramagundam Municipality represented by its Commissioner, Ramagundam, Karimnagar District-3^rd respondent vide letter in Roc.No.G/560/2006. The action of the 2^nd respondent in disconnecting the power supply to the towers erected by the petitioner Companies is assailed in this Writ Petition.

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3. With the consent of the learned counsel appearing for the parties, the Writ Petition itself is taken up for final disposal at the admission stage.

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4. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the respondents 1 & 2.

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5 Condition No.17.2 of the General Terms and Conditions of Supply issued by the Central Power Distribution Committee of Andhra Pradesh, reads as hereunder:

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“17.2 Disconnection due to Non-possession of Licence

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Where the consumer requires a licence or permission from any statutory authority or any authority of the Government to run the business/industry, or permission for lifting of water wherever necessary for purposes of irrigation, or for any other purpose for which he seeks or availing supply of electricity or for locating such business/industry/pump set or any other equipment at the place where he is receiving such supply and where the conduct of his said business/industry/activity at such place becomes un-lawful by reasons of his failure to obtain initially or secure the continuance of such licence or permission, the Designated Officer of the Company in this regard may, if desired by the concerned statutory or any other competent authority of the Government, after giving notice calling for explanation and after considering the same discontinue supply without forfeiting the rights of the Company under the Agreement with the consumer. Provided that in the cases where specified directions in writing are issued by A.P. Pollution Control Board in exercise of the powers vested with it under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974, to disconnect power supply to any industrial unit, the designated Designated Officer of the

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Company shall comply with such directions without the necessity of issuance of the notice mentioned in this clause.”

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6. According to the Condition No.17.2 of the General Terms and Conditions of Supply issued by the Central Power Distribution Committee of Andhra Pradesh, a notice shall precede before initiating any action, such as, disconnection, etc. Indisputably, no notice has been issued by the 1^st respondent herein to the petitioner companies before disconnecting the power supply to the towers. Similar issue fell for consideration in W.P.No.16141 of 2009 (M/s.Wireless-TT Info Services Limited, rep. by its Deputy Manager (Legal), Fateh Maidan Road, Hyderabad v. The Eastern Power Distribution Company of A.P. Limited rep. by its Divisional Electrical Engineer, Rajahmundry, E.G. District & Anr.), wherein the disconnection of power supply without issuing notice to the company has been stated to be illegal as per order dated 07.08.2009.

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7. Since the issue involved in this Writ Petition is squarely covered by the Order of this Court passed in W.P.No.16141 of 2009, dated 07.08.2009, this Writ Petition is also allowed at the admission stage with a direction to the 1^st respondent to restore the power supply to the towers erected by the petitioner Companies. However, this Order will not preclude the respondents to initiate action against the petitioner companies, either in accordance with Condition No.17.2 of General Terms and Conditions of supply issued by the Central Power Distribution Committee of A.P. or Regulations, which are in force. No costs.

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______________________ B.SESHASAYANA REDDY, J.

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Date:21^st April, 2010.

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.25011 of 2009

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Dated:21st April, 2010