CWP No.11260 of 2007 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11260 of 2007 Date of decision: January 31, 2009. Goel Roadways, Chandigarh ...Petitioner(s) v. Punjab State Electricity Board & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Sukhjinder Singh Behl, Advocate for the petitioner. Shri Sukhbir Singh, Advocate for the respondents. ORDER Surya Kant, J. - (Oral): The petitioner is aggrieved at the notices dated 27.6.2007 and 13.7.2007 whereby the Punjab State Electricity Board (PSEB) authorities have disconnected its power supply connection. The short controversy in this case is that the PSEB in its regulation No.3.2.5.1 has laid down that “no application for release of domestic, NR, industrial and bulk supply connection is to be registered within a distance not exceeding 100 meters on either side of the road reservation of a bye-pass or a distance not exceeding 30 meters on either side of the road reservation of any scheduled road (which falls outside the jurisdiction of Municipal Corporation, Class-1 Municipalities, Notified Area Committees without obtaining No Objection Certificate from the Competent Authority (PUDA)”. According to the PSEB authorities, the CWP No.11260 of 2007 -: 2 :- petitioner has failed to produce the NOC from PUDA authorities, therefore, its power connection has been disconnected. Contrary to it, the petitioner relies upon a certificate dated 2.4.2008 (Annexure P-6) issued by the Municipal Council, Hoshiarpur which does suggest that the premises of the petitioner (at Phagwara Road) falls within the municipal limits. According to the petitioner, regulation No.3.2.5.1 is, therefore, not attracted in its case. It may be noticed here that under the interim directions issued by this Court on 30.7.2007, the power supply to the petitioner has been restored. Having heard Learned Counsel for the parties and keeping in view the nature of the controversy, this writ petition is disposed of with liberty to the PSEB authorities to get the genuineness of the certificate (Annexure P-6) verified from the Municipal Council, Hoshiarpur. If the PSEB authorities are satisfied that the petitioner's premises is located within the municipal limits of Hoshiarpur, and as such regulation No.3.2.5.1 is not attracted, in that event, the power connection already restored in favour of the petitioner shall be regularized. However, if the PSEB authorities, on verification, are of the view that the petitioner's premises is not located within the municipal limits and a no objection certificate is essentially required from the PUDA authorities, a notice to this effect shall be served upon the petitioner who may respond to the same in accordance with law. Till such time the entire exercise is completed, the power supply restored in favour of the petitioner under the interim orders of this court shall continue. January 31, 2009. [ Surya Kant ] kadyan Judge