JUDGEMENT
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(1.)BY way of this petition under the provisions of Electricity Act, 2003 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights Act), 2006, the petitioner seeks following prayers :
[a] By an appropriate Writ, order and/or direction and/or by Writ of
Mandamus directing the Respondent no.2 to provide the electric connection
forthwith without demanding any further certificate from the Respondent
no.3 to 5.
[d] Pending hearing and till the final disposal, the Respondent no.2
electric company be restrained from forfeiting the deposits made by the
respective Petitioner as explained herein before in detail.
(2.)THE facts of the case in brief are such that the petitioner being agriculturist the land within the settlement area of Forest Department
and his name is in Farmer s Diary as Khedut Pothi. The petitioner with a
view to get connection of electricity, applied before the respondent No.2
and he paid amount of Rs.150/- and the respondent issued the receipt.
Even the petitioner is a settlement farmer within the forest department
which reflects from form Nos.8 and 9. The electric connection was
approved to the petitioner by respondent No.2 and accordingly, the
petitioner made payment as per requirement towards the new service
connection charges, connection security deposit and cost agreement fees.
The respondent No.2 wrote a letter to the petitioner informing that since
the area concerned is within the Forest Department, the connection is yet
not given as the Forest Department has denied for providing electric
connection. The petitioner also informed the respondent No.4 about the
same. The respondent No.2 wrote a letter to the petitioner to produce
permission letter from the respondent No.4 for the purpose of electric
supply. The petitioner has right, title and interest in the land which is
recognized under the Forest Rights Act, 2006 and also Scheduled Tribes
and Other Traditional Dwellers (Recognition of Forest Rights ) Act, 2006.
As per the case of the petitioner, the respondent No.2 is bound to give
electric connection to the petitioner. Therefore, the petition is filed
by the petitioner with a direction to provide the electric connection to
the petitioner.
Learned advocate Mr. Karia for the petitioner submitted that the respondent No.2 PGVCL may be directed to make an application to
respondent Nos.3 and 4 so as to forward the application for Wild Life
Clearance to the Authority i.e. Standing Committee of National Board for
Wildlife, New Delhi and also forward the application to Ministry of
Forest and Environment at New Delhi for clearance under Forest
Conservation Act to give electric connection to the petitioner in the
sanctuary without charging NPV from petitioner.
(3.)LEARNED advocate Mr. Sinha for respondent No.2 has not opposed the submission of the learned advocate for the petitioner subject to further
direction to the petitioner to make an application to respondent No.2
PGVCL which in turn shall take further action as may be directed by this
Court.
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