IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 1653 of 2009 DECIDED ON : 02.02.2009 DLF Info City Developers Ltd. ...Petitioner versus U.T., Chandigarh and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. A. K. Chopra, Senior Advocate with Mr. Aashish Chopra, Advocate, for the petitioner. SURYA KANT, J. (ORAL) The petitioner is aggrieved at the notice dated 22.09.2008 (Annexure P-3) purported to have been served upon it under Section 126 of the Indian Electricity Act, 2003, asking to pay a penalty of Rs.50,57,520/- on account of the alleged use of excessive unauthorized load. While issuing the aforementioned notice, the Sub Divisional Officer Electricity (Operations), Sub Division No.8 categorically informed the petitioner that the assessment of the penalty was provisional and the petitioner may submit its objections within 15 days and the assessment will become final after a personal hearing was afforded to the petitioner by the said Sub Divisional Engineer. C.W.P No. 1653 of 2009 -2- The petitioner had submitted its objections and sought a personal hearing. Instead of complying with its own notice dated 22.09.2008, referred to above, the Sub Divisional Officer appears to have attempted to escape from his responsibility to decide the petitioner's objection on merits and started suggesting the petitioner to approach the Secretary, Engineering Department at its own level. At the same time, the petitioner has been advised to deposit the penalty amount of Rs.50,57,520/- within seven days, failing which, the electricity supply shall stand disconnected. Learned counsel for the petitioner states that the petitioner at its own has deposited 50% of the penalty amount without prejudice to its legal rights. Having heard learned counsel for the petitioner at some length and on perusal of the correspondence between the petitioner and the Sub Divisional Officer, Electricity, I am of the considered view that notwithstanding the petitioner's stand that no such appeal is maintainable, the petitioner shall be at liberty to submit a representation/appeal before the appropriate authority who shall then hear and dispose of the same within a period of one month from the date of its receipt, after affording an opportunity of personal hearing, if so demanded by the petitioner. Needless to say that the petitioner is entitled to raise all its objections before the Secretary, Engineering Department or C.W.P No. 1653 of 2009 -3- the prescribed Appellate Authority, as the case may be. Till then further recovery of the penalty amount from the petitioner shall remain stayed and its power connection shall not be disconnected. Disposed of. FEBRUARY 02, 2009 (SURYA KANT) shalini JUDGE