WP(C) 6535/2007 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. PJ Phukan, learned counsel for the petitioners and Mr. HK Sarm a, learned Standing Counsel, Assam State Electricity Board (for short, ’ASEB’) a s well as Mr. BR Dey, learned Senior Counsel appearing on behalf of Respondent N os. 6 and 7. By filing this writ petition a prayer has been made for issuance of a Ma ndamus directing the respondents more particularly to the ASEB to provide an ind ependent and separate electricity meter connection with a load capacity of 4 KW. to the petitioners in respect of their residential flats being House No. 11/1, Shanti Ram Das Path, AK Azad Road, Rehabari, Guwahati-8. The grievance of the petitioners inter-alia is that they have purchased the flat in question from Respondent No.6 on valuable consideration on 3/10/01 v ide Sale Deed No. 8184/01 which was subsequently rectified vide Deed No.9306 dat ed 23/10/01 and they are in occupation of the said flat. The flat of the petitioners are provided with electric connection but th ere is a common meter between the petitioners and Respondent No.6. The petition ers having felt inconvenience in consumption of electricity in a common meter, t hey applied to the ASEB for installing a separate meter. Though several requests were made off and on in this regard, but the same was not entertained by the AS EB, hence this writ petition. The ASEB has filed a counter to the writ petition at paragraph -5 of the writ petition which reads as follows: 5.That with regard to the statements made in paragraphs 8,9, and 10 to the writ petition, the deponent respectfully stated that the petitioners are presently e njoying power from a connection having 8 KW domestic load existed in the name of one Shri Sunil Kumar Dhar. The deponent further states that although the writ petitioners have applied for a separate meter connection to the premises of the petitioners, the deponent after due verification found that altogether there are six connections in the building in the name of different persons and the total connected load of the building is beyond 20 KW and therefore to provide a separa te meter with 4 KW as sought for by the petitioners, a transformer for suitable capacity will be required to be installed by the petitioners i.e. the flat owner /consumer staying in the premises. The deponent further submits that as per Cla use 3.7.4.1 of the Assam Electricity Regulation Commission (Distribution Code) R egulations, 2004 for the purpose of providing new power to a building or flat ha ving more than total load of 20 KW , power supply shall have to be arranged thro ugh a separate distribution transformer of adequate capacity and therefore unles s a separate suitable transformer is provided by the petitioners or flat owner, a separate connection can not be provided to the petitioners’ premises. Clause 3.7.4.1 of the Assam Electricity Regulatory Commission (Distribut ion Code) Regulations, 2004 (as amended) provides inter-alia that for the purpos e of providing new power to a bui9lding or a group of buildings having more than total load of 20 KW power supply shall have to be arranged through a separate d istribution transformer of adequate capacity. The cost of extension including H .T. Line, distribution transformer and L.T. lines/cables /controls/breakers/pane ls and all associated equipment and civil works shall be borne by the developer/ builder/ consumers but the licensee shall have to maintain all such lines and eq uipment up to the each individual meter i.e. the point of commencement of supply provided that the installation was done as per licensee’s approved specificatio n and under its supervision. In all other cases maintenance responsibility for the part not installed as per licensee’s approved specification and under its su pervision shall be with the developer/builder/society/consumers as the case may be. The stand of the ASEB is that the load capacity of the entire building i n question is 20 KW. As it has already existed the said capacity, by providing n ew separate meter the said load cannot be enhanced. It is, however contended th at if without extending the sanctioned load of the building, the petitioner can make an arrangement of division or sub-division of the load which is now being e njoyed by Respondent No.6 to the extent of such load, it would be technically pe rmissible for ASEB to provide a separate meter to the petitioner and in the abse nce of such an arrangement the only alternative for the petitioners is to instal l a separate transformer, to get the separate meter. This limit of load also fo rms a part of the safety regulation for providing electricity to a building. In view of the aforesaid situation, this writ petition is disposed of wi th a direction that in the event the petitioners make such an arrangement for su pplying electricity to their flat without extending the load of the building or alternatively can make an arrangement for placing a transformer as indicated by ASEB, the ASEB shall provide a new meter connection to the petitioner to that ex tent. With the above observation, this writ petition stands disposed of.