IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.6862/2019 (GM – KEB) BETWEEN SRI ARUN KUMAR N SON OF LATE D NARAYANA AGED ABOUT 40 YEARS RESIDING AT NARASIMHANA PALYA VILLAGE, KASABA HOBLI, MYLARAHALLI PSOT, NELAMANGALA TALUK - 562123 BENGALURU RURAL DISTRICT ... PETITIONER (BY SRI. FAYAZ SAB B.G, ADV.,) AND 1. THE BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) REPRESENTED BY ITS COMMISSIONER CAUVERY BHAVAN BENGALURU - 560009 CORPORATE OFFICE AT 4TH FLOOR, K R CIRCLE, BENGALURU - 560001 2. THE EXECUTIVE ENGINEER NELAMANGALA SUB DIVISION, BESCOM, NELAMANGALA BENGALURU RURAL DISTRICT- 562123 3. THE ASSISTANT EXECUTIVE ENGINEER (ELEC) NELAMANGALA SUB DIVISION, BESCOM, NELAMANGALA BENGALURU RURAL DISTRICT- 562123 ... RESPONDENTS (BY SRI. H V DEVARAJU, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE AND DIRECT THE R-2 & 3 TO IMMEDIATELY PROVIDE ELECTRICAL POWER SUPPLY CONNECTION TO THE PETITIONER RESIDENTIAL HOUSE, SINCE THE ELECTRICITY IS ESSENTIAL COMMODITY AS DEFINED U/S 43 OF THE ELECTRICITY ACT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is seeking for a direction to respondent Nos.2 and 3 to provide electrical power supply connection to the petitioner’s residential house.
2. The learned counsel for the respondents would fairly submit that the electrical power supply connection shall be provided to the petitioner’s residential house as sought for, provided the Regulation 60(2)(ii)(a) of CEA (Measures relating to Safety and Electric Supply) Regulations, 2010 is complied with wherein it is specified that when the line passes above the building, a vertical clearance of 2.5 meters from the highest point has to be maintained.
3. The learned counsel for the petitioner submits that the petitioner undertakes to comply with the said Regulations of maintaining distance of 2.5 meters.
4. In view of the aforesaid, the writ petition stands disposed of directing respondent Nos.2 and 3 to provide electrical power supply connection to the petitioner’s premises in question forthwith, subject to the compliance of the aforesaid Regulations by the petitioner.
Sd/- JUDGE PMR