RAMBHAI BHIKHABHAI MAKWANA Vs. STATE OF GUJARAT
LAWS(GJH)-2013-3-127
HIGH COURT OF GUJARAT
Decided on March 08,2013

Rambhai Bhikhabhai Makwana Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (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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