Indian Agricultural Research Institute v. North Delhi Power Ltd.

1. The petitioner, Indian Agricultural Research Institute has filed the present writ petition for quashing of bill dated 18th January, 2006 raised by the respondent, discom-North Delhi Power Limited for arrears payable for street lights. The petitioner has also prayed for quashing of the letter dated 18th January, 2006 written by the respondent, discom stating that an amount of Rs. 53,46, 778/- was due 2010:DHC:1015 W.P.(C) No.9553/2007 Page 2 and payable towards street lighting till December, 2005. Letter further states that the said amount does not include any penalty or surcharge and is as per the street light tariff approved by DERC applicable from time to time.

2. Contention of the petitioner is that they should not be asked to pay for street lighting and this burden should be put on Delhi Jal Board, Municipal Corporation of Delhi, Food Corporation of India and other parties, who also are having offices/residential quarters within their campus. It is further stated that right from 1930, no bill was ever raised for street lighting and, therefore, the petitioner is not liable.

3. The petitioner is a society registered under the Societies Registration Act, 1860, having its own constitution and bylaws. It can be sued and can sue in its own name. It is a juristic person. The said society has a campus of about 1200 acres of land. There is a boundary wall to segregate and demarcate the said campus. Within this campus, there are roads and street lighting has been provided on the said roads. Electricity consumed in the street lighting has to be paid for. There cannot be any dispute with regard to the same.

4. The street lighting has been provided within the 1200 acres of land belonging to the petitioner. The petitioner necessarily has to pay W.P.(C) No.9553/2007 Page 3 for street lighting installed within their campus. The petitioner cannot claim ownership rights but also claim that they are not liable to pay for street lighting. Who maintains the road within the campus and whether petitioner has allowed other parties to have offices and residential quarters within the campus is an internal matter between the petitioner and the said third parties. The respondent, discom, however, is entitled to payment of street lighting and the payment has to be made by the person, who is the owner and to whom the campus belongs.

5. During the pendency of the present writ petition, the matter was referred to the Chief Secretary, Government of NCT of Delhi. The Chief Secretary has submitted his report dated 12th November, 2009. In the said report, the following findings have been given:-

(i) All streetlight points have been installed by the petitioner at their own costs.

(ii) Operation and maintenance of all these street light points is carried out by the petitioner.

(iii) The petitioner has replaced the street lights with new CFL/HPSV lamps at their costs with new fittings.

(iv) The respondent, discom has a sub-station within the Pusa

6. It appears that there are some quarters, which were earlier allotted to Delhi Vidyut Board and may be in occupation of the employees of the respondent, discom. However, as per the report of Chief Secretary, no street light point exists near the said quarters. Similarly, there are other agencies, which have premises in the Pusa Complex, but no specific street lighting has been provided to them. Within the premises of other users, separate electricity meters have been installed and electricity bills are being raised.

7. The Chief Secretary, Government of NCT of Delhi in his report has stated that the petitioner will have to bear and pay the entire electricity arrears, but future electricity bills for street lighting would be shared by the Government of NCT of Delhi and the petitioner, Indian Agricultural Research Institute in the ratio of 1/3 and 2/3 respectively.

8. In view of the aforesaid, it is held that the petitioner is liable to pay arrears of electricity dues in respect of street lighting. However, with regard to future electricity bills, it has been agreed that the petitioner will pay 2/3 of the future bills and the balance will be paid by the Government of NCT of Delhi. It is open to the petitioner to ask the other users/occupants to make proportionate payment with regard to W.P.(C) No.9553/2007 Page 5 the arrears raised and payable for street lighting. However, the primary responsibility is that of the petitioner to make the said payment. How and from whom this payment is collected by the petitioner is not the concern of this Court or the respondent, discom.

9. At the request of the counsel for the petitioner, two months’ time is granted to the petitioner to make payment of the arrears. The writ petition and all pending applications are disposed of. In the facts and circumstances of the case, there will be no order as to costs.

SANJIV KHANNA, J. FEBRUARY 19, 2010 NA