Court Directs Authorities to Approach Special Court for Theft of Energy Cases
In a significant ruling, the Madhya Pradesh High Court has quashed the civil liability order imposed by the authorities of the Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Limited (MPMKVVCL) on a petitioner for alleged theft of energy. The case, titled Narendra Kumar Ojha v. State of M.P., was heard by Justice Milind Ramesh Phadke at the Gwalior bench of the High Court.
The petitioner, Narendra Kumar Ojha, had been directed by the Officer In-charge of MPMKVVCL to pay a sum of Rs. 1,16,734/- as civil liability for purported energy theft. This order, dated December 19, 2023, was issued under Section 135 of the Electricity Act, 2003.
However, upon reviewing the case, Justice Phadke found that the authorities had overstepped their jurisdiction. The court emphasized that the determination of civil liability for theft of energy falls under the exclusive purview of the Special Court established under Section 153 of the Electricity Act, 2003. The relevant legal provisions are encapsulated in Section 135 and Section 154(5) of the Act, which specify that only the Special Court can adjudicate such matters.
Justice Phadke highlighted that the actions of the electricity authorities in bypassing the Special Court were "bad in law." The judgment underscored that the Special Court is empowered to determine civil liabilities and take penal actions as necessary, and authorities cannot usurp these powers.
The court referenced a similar precedent from the case of Sangita wd/o Suresh Chandra Gupta v. State of M.P., which also supported the view that civil liabilities for energy theft must be determined by the Special Court.
In light of these findings, the High Court quashed the final assessment order dated December 19, 2023. The judgment permits the respondents to file an appropriate application with the Competent Court as outlined under Section 154 of the Electricity Act.
This ruling is expected to have significant implications for how energy theft cases are processed in the state, reiterating the exclusive jurisdiction of the Special Court in such matters.
Bottom line:-
Authorities under the Electricity Act, 2003 cannot usurp the powers of the Special Court constituted under Section 153 of the Act to determine civil liability for theft of energy.
Statutory provision(s):
Electricity Act, 2003 Sections 135, 154(5)
Narendra Kumar Ojha v. State of M.P., (Madhya Pradesh)(Gwalior) : Law Finder Doc id # 2947353
