Decided on January 18,1991



BHAWANI SINGH,J. - (1.) The petitioners, namely, M/s. Adams Paper Products Pvt Ltd. and Shri Mohan Singh, are engaged in the manufacture of pulp and paper. It has its registered office at E -222, East of Kailash, New Delhi, whereas the factory is located at old Dehradun Road, Paonta Sahib, District Sirmaur, Himachal Pradesh. The second petitioner is the Managing Director of the Company.
(2.) The grievance of the petitioners is that for the purpose of establishing the factory, loans worth lakhs of rupees were sought from the Financial Institutions of the State and in order to obtain energy to run the factory, the first respondent (Himachal Pradesh State Electricity Board) was approached for sanction of 750 KVA load. The load was sanctioned in January, 1983 with the condition that the petitioners will bear the cost of transmission line from Badripur sub -station to the factory site Consequently, the petitioners deposited a security amount of Rs. 47,850 on 26 -10 -1 83 and also the cost of the line to the extent of Rs. 1,98,000 in 1984 through receipt No. 07331 dated 18 -7 -1984. For the purpose of meeting the requirement of energy load of the petitioners. LI KVA Feeder with ACSR Conductor 6/1/2. S9 mm. on 9 meter long PCC poles in Delta Formation were to be extended from 3 VII KV Sub -Station, Badripur, to the factory site.
(3.) The petitioners further submit that the factory came in operation in September, 19R5 when it conducted the trial run with the help of 150 KVA temporary load by Diesel Generator supplied by the first respondent. The petitioners were sanctioned the load in December, 1986, on completion of transmission line, from independent Feeder from Badripur Sub -Station. The further case of the petitioners is that installation of independent Feeder was for their exclusive use and there could be no tap ping of power from this installation (Annexure -PC) However, there had been frequent power tripping, which faults were duly conveyed to the first respondent. The petitioners have further proposals to extend the production and diversify its functions and a proposal in this connection has already been submitted to the Industrial Reconstruction Bank of India Ltd. and on the basis of the availability of electricity, there were every chances of their proposals being sanctioned However, the petitioners came to know that certain poles had been erected just after the end of the transmission line of the petitioners in order to supply power to the factories established by the second and third respondents. Precisely, the claim of the petitioners is that the electricity lines has been established at their cost for their exclusive use. It was on this assurance that the petitioners established the factory at huge expense and deposited all the charges for the installation of the power line, la these circumstances, the first respondent is estopped by its conduct and cannot be allowed to tap power from this connection and supply to others since that would not only affect the power demand of the petitioners but also their future expansion plans. Shri R C. Vaidya, Superintending Engineer (O. P), H P. State Electricity Board, Solan, has, in his reply -affidavit, stated that the petition is not maintainable since no right of the petitioners has been violated, The first respondent is a statutory body incorporated under the Indian Electricity (Supply) Act, 1948 and is engaged in the generation, transmission and distribution of electricity in the State for public good since it is a duty cast on it under the Electricity Act, 1910. The respondent is a licensee and is under a legal obligation to supply energy to the consumers or prospective consumers in the State and the supply of power from the 11 KV Badripur Sub -Station to the prospective/intended consumers will not in any way or in any manner prejudice the rights and the power supply to the petitioners.;

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