Allahabad HC Directs Restoration Of Electricity Connection At Residence Of Samajwadi Party MP, Stays Demand Of ₹1.91 Crore

A bench of Justice Saumitra Dayal Singh and Justice Sandeep Jain also stayed the final assessment order imposing on him electricity charges of Rs. 1.91 crores for a period of 4138 days upon the allegation of unauthorised use of electricity.

Barq had moved the High Court against the assessment order arguing that the same was passed entirely without jurisdiction as it imposed an assessment for over 12 years, when Section 126(5) of the Electricity Act only allowed imposition of charges for a maximum of twelve months in cases where the period of unauthorized usage was non-determinable.

It was also contended that the final assessment order also demanded payment of electricity duty and compounding charges, which the authority had no jurisdiction to impose.

Apart from this, it was also argued that by breaching the statutory period of assessment, an arbitrary demand of Rs. 1 crore 91 lakhs had been raised and that the petitioner cannot be made to deposit 50% of such illegal demand to maintain an appeal.

However, Barq's counsel submitted that he was willing to deposit a permissible amount of Rs.6 lacs to maintain his appeal.

In such facts, three weeks were granted to the counsel for the Corporation to have instructions in the matter, and the bench posted the matter for hearing next on July 2.

In the meanwhile, subject to the petitioner depositing Rs.6 lacs within two weeks, the bench stayed the effect and operation of the final assessment order. It also directed the restoration of the electricity connection of the petitioner, subject to the timely payment of future bills.

As per the statement of Naveen Gautam, the executive engineer (XEN) of UPPCL in Sambhal, two meters at Barq's residence showed zero readings for the last six months, and the units consumed did not exceed 100 in any of the remaining months last year. However, during the inspection, it was allegedly found that electricity consumption in his house exceeded 16 kilowatts daily, despite the sanctioned connection being only 4 kilowatts.