Dispute involved in this writ petition is regarding liability for payment of proportionate cost of development charges on transmission side, for getting electric connection applied for by the petitioner. The issue now stands covered in favour of the petitioner through judgment in W.P.(c) No.18726/2011 and connected cases, dated 22- 11-2012. However, it is submitted by learned Standing counsel that Writ Appeals filed by the Board against the said judgments are pending disposal. If the issue is ultimately settled in favour of the Board, the petitioner will be liable to make payment of the development charges on transmission side demanded under the impugned notice.
2. Considering the legal position remaining settled as of now, the writ petition is allowed and Ext.P4 notice to the extent it demands proportionate cost of development W.P.(c) No.2608/2012 -2-
charges on the transmission side is hereby quashed. It is made clear that the respondent Board will be at liberty to realise the amount demanded if ultimately it is found that the petitioner is liable.
3. The respondents shall provide electric connection applied for by the petitioner, without collecting proportionate cost of development charges on the transmission side, on completion of all other requisite formalities.
4. Needless to observe that Bank Guarantee if any furnished on the basis of interim order dated 01-03-2012 shall be released, subject to the above directions.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge