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2025 DAILYLAW 5645 (ALL)

C/M SAVIOUR PARK APARTMENT OWNERS ASSOCIATION AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/306/2025 · 2025-02-14

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21195-DB Court No. - 21 Case :- WRIT - C No. - 306 of 2025 Petitioner :- C/M Saviour Park Apartment Owners Association And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anuj Bajpai,Satyam Kumar Rawat,Vineet Sankalp Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Usha Kiran Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner is an association of apartment owners of a housing project in the name of Saviour Park Apartments, Mohan Nagar, Ghaziabad. It has challenged a communication dated 4.10.2024 by respondent no. 5, i.e. Executive Engineer, Electricity Urban Distribution Division, addressed to the Sub Divisional Officer, Electricity Urban Distribution Division 1st, Arthala, Mohan Nagar, Ghaziabad, requiring him to apprise the apartment owners of benefits of conversion of single point connection to multi point and obtain their consent. The petitioner claims that this will entail a considerable amount of expenses which the Association is not ready to bear. It has therefore not given consent for conversion of single point connection to multi point. 2. Counsel for the petitioners placed reliance on order of U.P. Electricity Regulatory Commission, Lucknow dated 6.5.2024, whereby the Regulatory Commission permitted conversion of single point connection to multi point, subject to consent of more than 50% of the apartment owners. It is submitted that the respondent-Electricity Department is in process of converting single point connection into multi point on basis of an ex parte survey. 3. Sri Pranjal Mehrotra, learned counsel appearing for respondent nos. 2, 4 and 5 and Ms. Usha Kiran, learned counsel for respondent no. 3 state that under order of the Regulatory Commission, the conversion of single point connection into multi point is permissible only if more than 50% of the apartment owners give their consent. They submitted that unless the said consent is given, the respondents would not convert single point connection into multi point. 4. In view of the aforesaid stand of the respondents, we are of the opinion that the apprehension of the petitioner-Association is unfounded. We find no good reason to quash the impugned communication, which is only for apprising the beneficiaries of the scheme and seek their consent. 5. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 14.2.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad