sekarreporter1: https://twitter.com/sekarreporter1/status/1611948640532312066?t=pgxddZ8R4uQf2kxG_slDrQ&s=08 [1/8, 10:21] sekarreporter1: [1/8, 10:20] sekarreporter1: 🌹 [1/8, 10:20] sekarreporter1: *GLIMPSE OF A LATEST VERDICT* *Sri Mahalakshmi Plastics Vs. The Puducherry Industrial Promotion Development and Investment Corporation Limited (PIPDIC) and 3 Ors.* W.P. No. 18930 of 2017 Dated: 15.11.2022 *HON’BLE MR. JUSTICE N. SATHISH KUMAR* allowed the Writ Petition in the matter relating to *“Lease – As is where is basis – Electricity Connection – Outstanding Dues not intimated within one month of application”,* and further observed and held as follows:

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[1/8, 10:20] sekarreporter1: *GLIMPSE OF A LATEST VERDICT*

*Sri Mahalakshmi Plastics Vs. The Puducherry Industrial Promotion Development and Investment Corporation Limited (PIPDIC) and 3 Ors.*
W.P. No. 18930 of 2017
Dated: 15.11.2022

*HON’BLE MR. JUSTICE N. SATHISH KUMAR* allowed the Writ Petition in the matter relating to *“Lease – As is where is basis – Electricity Connection – Outstanding Dues not intimated within one month of application”,* and further observed and held as follows:

1) Ref: Joint Electricity Regulatory Commission (JERC) (for the State of Goa and Union Territories) Electricity Supply Code Regulations, 2018. The above Regulations make it very clear that the applicant/purchaser has to verify the outstanding due and obtain a “no-dues certificate”. It is the duty of the licensee to indicate the outstanding dues within a month. In the event of the failure on the part of the licensee to indicate the dues within a month, then connection cannot be denied on the ground of outstanding dues of the previous consumer.

2) It is relevant to note that the electricity connection to the erstwhile allottee was disconnected, whereas, no material has been shown that charges payable by the erstwhile owner was continuously shown as arrears and no steps have been taken to recover the amount within a period of two years as mandated under Section 56(2) of the Electricity Act, 2003. Taking into consideration all the above if the due of arrears is not indicated within one month as per Regulation 5.21, the petitioner is certainly entitled to new connection.

3) Though the lease allotment is made in “as is where is condition” the existence of electricity dues whether quantified or not has not been specifically mentioned in the conditions. Therefore, in the absence of notice about the existence of electricity dues, the petitioner cannot be clothed with the liability merely on the ground that the property was allotted on the basis of “as is where is” condition.

4) Therefore, it is mandatory to provide electricity connection to the petitioner as per Regulation 5.21 of the JERC Regulations, 2018.