M/S Edcon Real Estate Developers, By Its Partner Mr.Cedric A. Vaz And ANR., v. Joint Electricity Commission, By Its Secretary And 2 ORS.,
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 518 OF 2015 IN WRIT PETITION NO. 309 OF 2015 M/S EDCON REAL ESTATE DEVELOPERS, BY ITS PARTNER MR.CEDRIC A. VAZ AND ANR., ... Applicants
Versus
JOINT ELECTRICITY COMMISSION, BY ITS SECRETARY AND 2 ORS., ... Respondents Mr. A.F. Diniz, Advocate and Mr. Ryan Da Piedade Menezes, Advocate for the applicants.
Mr. P. Faldessai, Addl. Government Advocate for respondent nos. 2 and 3.
Coram:- F. M. REIS & K. L. WADANE, JJ.
Date:- 21st September, 2015 P.C.
Heard Mr.Diniz, learned Advocate appearing for the applicants-petitioners and Shri Faldessai, the learned Additional Government Advocate appearing for the respondent nos.2 and 3.
2. By an order dated 5th May, 2015 an ad-interim order came to be passed, inter alia, directing the respondent nos.2 and 3 to supply a new electricity connection after complying with the Regulation No.3.6-B (9). The petitioners thereafter filed the above application for modification of the order, as according to the petitioners, the respondents were delaying in complying with the directions issued by
MCA/518/2015 this Court.
3. On the last date of hearing, it was pointed out by the learned Advocate appearing for petitioners, that the petitioners would carry out the work of laying the electrical line from the transformer shown in the plan at page no.16 to the space ear-marked by letter "B" in the said plan. The learned Additional Government Advocate, however, submits that any such work would have to be done under the supervision of the concerned official of the respondent nos.2 and 3 and the costs would have to be borne by the petitioners. It was also pointed out by the learned Additional Government Advocate that the respondent nos.
2 and 3 shall supply electricity to the concerned building of the petitioners from the other transformer to the space ear-marked by letter "B" in the plan at page 16 and that such electric line shall be installed at the risk of the petitioners. But however the respondent no.2 may take further steps in the time, if so required, to provide a permanent electric connection by following the link system, which according to the learned Additional Government Advocate, upon instructions, states it would be more feasible to supply the electric connection to the petitioners. The petitioners shall also have to deposit the supervision charges and/or any further charges in terms of the concerned Regulations and the Rules.
4. Subject to the above, the order passed by this Court dated 5th May, 2015 stands accordingly modified. All such activities, shall be
MCA/518/2015 subject to the result of the above petition.
K. L. WADANE, J.
F. M. REIS, J.
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