Valid Electricity Connection Cannot Be Disrupted Indefinitely While Replacing Overhead Wires With Underground Cables: Allahabad High Court

Recently, the Allahabad High Court has observed that disruption of valid electricity connection cannot be done indefinitely only because overhead wires were to be replaced with underground cables.

While widening the roads under the Smart City Development Project in Moradabad, the respondent authorities had removed several overhead wires, which lead to disruption of electricity supply to the shops of the petitioners. Further, a portion of certain building situated at the station road, where the shops were situated, was demolished and the debris had been left by the authorities.

Petitioners approached the High Court in its writ jurisdiction seeking restoration of their electricity supply. Respondents pleaded that due to injunctions in suits filed by the petitioners and their landlords, the work of laying underground cables could not be completed by the authorities.

Counsel for petitioner argued that the injunction pertained to demolition of part of the building which was different from restoration of electricity supply.

Counsel for the Electricity Department stated that since the Nagar Nigam was not removing the debris, the electricity supply could not be restored. It was stated that as soon as the Nagar Nigam moves the debris, the electricity supply will be restored.

The bench comprising of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra held

“Having regard to the undisputed fact that the petitioners were having valid electricity connection and the only reason for disconnecting the electricity supply was that overhead wires were to be replaced by the underground cables, we are of the opinion that said ground cannot be a valid excuse for indefinite time. The Nagar Nigam and the Electricity Department are under legal obligation to work together and remove the debris and restore the electricity supply to the lawful consumers.”

Accordingly, the Court directed the Nagar Nigam and the Electricity Department to coordinate amongst themselves and restore petitioners' electricity connection within 48 hours. The Court directed that if the connection is not restored, then the respondents must show cause as to why damages must not be imposed on them for disrupting valid electricity supply for long period of time.

Case Title: Shekhar Kapoor And 10 Others v. State Of Up And 3 Others 2024 LiveLaw (AB) 370 [WRIT - C No. - 11053 of 2024]

Citation: 2024 LiveLaw (AB) 370

Counsel for Petitioner: Akanksha Mishra

Counsel for Respondent: Pranjal Mehrotra,Ratan Deep Mishra

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