GOPAL SHANKAR DHOTE Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO.LTD
LAWS(ET)-2014-12-14
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on December 09,2014

Gopal Shankar Dhote Appellant
VERSUS
Maharashtra State Electricity Distribution Co.Ltd Respondents

JUDGEMENT

- (1.) Shri Gopal Shankar Dhote of Nimgaon, Tal. Nandura, Distt. Buldhana has filed a Petition on 7 August, 2014 seeking penal action against the Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) under Sections 142, 146 and 149 of the Electricity Act (EA), 2003 for non -compliance of Regulation 5.4.1 of the MERC (General Conditions of Distribution Licensee) Regulations, 2004 (later corrected by the Petitioner to Rs.2006').
(2.) The Petitioner's prayers are as follows:
(3.) The Petition states that: a. The Petitioner, Shri Gopal Shankar Dhote, holds a Special Power of Attorney on behalf of his nephew Shri Prashant Shriram Dhote for the purpose of dealing with matters relating to his land. In December, 2009, Shri Prashant Dhote sold his agricultural land (Gat No.845, Survey No.220/6 of Nimgaon, Tal. Nandura, Distt. Buldhana) to MSEDCL for the purpose of a Sub -station. However, without duly undertaking measurement of the land as per prevalent rules and precondition in the sale deed, the Executive Engineer, MSEDCL Malkapur decided the area and boundaries on his own and tried to illegally take possession of the land without consent. b. The Petitioner made several complaints to the higher authorities of MSEDCL without response. In order to ascertain the action taken on these complaints, the Petitioner sought the relevant documents regarding the land sale transaction, etc. from MDEDCL under Regulation 5.4.1 of the MERC (General Conditions of Distribution Licensee) Regulations through several letters and reminders listed and annexed to the Petition. These were not responded to either. c. The Commission may direct MSEDCL to furnish the documents sought under Regulation. 5.4.1; and take penal action under S. 142, 146 and 149 of EA, 2003 against the concerned MSEDCL and its concerned officials for non - compliance of that Regulation. ;


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