KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
E MAIL: KULDEEP.KOHLI55@GMAIL.COM
Shri Rajan Kumar Gupta,
IAS
Additional Chief
Secretary,
Department of Power and
Renewable Energy,
Government of
Haryana,
Chairman, DHBVN Ltd.
9th Floor,
Haryana Civil Secretariat,
Sector-1, Chandigarh
Shri Arun Kumar Verma
Managing Director,
DHBVN, Vidyut Sadan,
Vidyut Nagar, Hisar –
125005,
Haryana
Dear Sir:
TAKING OVER OF THE ENTIRE ELECTRICAL INFRASTRUCTURE AT ANSALS ARAVALI
RETREAT, VILLAGE RAISINA, TEHSIL SOHNA, DISTRICT GURGAON by dhbvn, Gurgaon
APPROVAL LETTER NO. 2794 DATED 05.4.1991 SANCTIONING ELECTRICITY
CONNECTION AT ANSALS ARAVALI RETREAT, VILLAGE RAISINA, TEHSIL SOHNA, DISTRICT
GURGAON AFTER INSPECTION AND BEING SATIFIED OF THE INSTALLATION OF 315 KVA
TRANSFORMERS, HT LINES, ELECTRICITY POLES FOR SUPPLY OF ELECTRICITY AT ANSALS
ARAVALI RETREAT
1.
We wish to draw your
kind attention to our e mail and the letter of 16.7.2016 and letter dated
27.7.2016 in connection with the above mentioned subject.
2.
M/s Ansals Properties
& Infrastructure Ltd. as a developer of Ansals Aravali Retreat after
obtaining the necessary approvals from the Government of Haryana had developed
the entire area of 1200 Acres. Ansals Aravali Retreat, Village Raisina,
Tehsil Sohna, District Gurgaon is a property wherein there are 218 farms of 2
Acres and 457 farms of one acre in all 675 farms which were sold to different
people from time to time since 1992.
3.
They got the
electrification plan approved/sanctioned vide letter No. 2794 dated 5.4.1991 by
Haryana State Electricity Board.
4.
The said sanctioned
electrification layout scheme as per the electricity load was duly
signed/approved right from the level of SDO, AEE, XEN, SE and then finally the
Engineer in Chief, HSEB.
5.
The approved/sanctioned
electrification scheme of Ansals Aravali Retreat specifies the cable routing
and the sub stations locations.
6.
The estimated
electricity load as per the sanctioned electrification scheme was based on the
load norms as per recommended load per farm by the SDO in the entire colony.
7.
The promoters of the
complex installed the sub stations with the recommendations of the officers of
HSEB. After the satisfactory inspections, the sub stations were energized
for the supply of electricity to the owners of the farm houses who applied for
the connections.
8.
As the colony started
getting inhabited, Ansals requested the HSEB for approval of the (i) Overhead
HT systems within the colony and (ii) routing of HT feeder from grid station to
the colony so that colony could be energized.
9.
The entire
infrastructure was installed by the Ansals as per approved electrification
scheme in its colony which is capable of bearing the desired load. The
substations along with feeder network has been inspected and duly certified by
the concerned authorities before granting the permission to energize each and
every substation.
10.
Based on the
requirement of the scheme, one 11 KV feeder was provided from the Tikli Feeder
upto Ansals Aravali Retreat entrance gate No. One and the entire infrastructure
including high tension wire, weather underground or overhead and the poles were
all provided by Ansals. The HSEB placed a two pole structure at the entrance of
gate no. 1.
11.
Even the internal
infrastructure inside the complex of Ansals Aravali Retreat including entire
electrical installation Transformers of 315 KVA - 7 numbers, electrical poles
in the entire area around 1200 in nos, the overhead High Tension wires
and low tension wires in the entire area measuring around 1200 acres and , the
lights on the streets were provided by the promoters of the complex.
12.
The
Haryana Electricity Reform Act 1997 (Act No. 10 of 1998) was passed by the Haryana State Legislative
Assembly on 22nd of July 1997. After receiving the Presidential assent on
20th Feb.1998, this Act came into force on 14th August1998.
13.
Meanwhile on 14th August 1998, Haryana State Electricity
Board was divided into two parts, namely, Haryana Power Generation Corporation
Limited (HPGCL)
and Haryana Vidyut Prasaran Nigam Limited (HVPNL). HPVNL holds Business License issued by HERC for Transmission & Bulk
supply of Power in Haryana. HVPNL was entrusted the power transmission and
distribution functions.
14.
Haryana
Vidyut Prasaran Nigam Limited (HVPNL) was incorporated as a company under the
Companies Act, 1956 on 19th August 1997 and was granted the certificate to
commence its business on 18th September 1997. Subsequently, the transmission
and distribution businesses of the erstwhile HSEB were transferred to HVPN on
14th August 1998.
15.
This
was done through transfer scheme, notified by the Government, vide Notification
No. SO/06/HA/98/S 23,24 & 25/99, dated 14.08.1998 which entrusted HVPN with
the functions of Power transmission & distribution.
16.
On 1 July 1999, vide Notification No. SO 156/HA.10/98/Ss 23,
24, 25 & 55/99, HVPNL was further divided into two parts,
namely, Uttar Haryana Bijli Vitran Nigam (UHBVN) and Dakshin Haryana Bijli Vitran Nigam
(DHBVN). DHBVN is responsible for distribution of power in South Haryana.[2]
17.
While
UHBVNL is responsible for Panchkula, Ambala, Yamunanagar, Kurukshetra, Kaithal,
Karnal, Panipat, Sonepat, Rohtak, Jhajjar and Jind districts, DHBVN caters to
Hisar, Fatehabad, Bhiwani, Sirsa, Faridabad, Gurgaon, Mewat, Rewari and Narnaul
districts.
18.
Dakshin
Haryana Bijli Vitran Nigam Limited (DHBVNL), a Govt. of Haryana undertaking
undertakes the Power Distribution and Retail Supply Business in the Southern
Parts of Haryana. DHBVNL is registered under the Companies Act-1956 and has
commenced its operations on dated July, 1999. DHBVNL inherited the distribution
business of erstwhile Haryana state Electricity Board in pursuance to second
transfer scheme notified by the Govt. of Haryana on July 1, 1999.
19.
The
following districts of the State of Haryana lie under the jurisdiction area of
DHBVNL.
Hisar, Fatehabad,
Bhiwani, Sirsa, Faridabad, Gurgaon, Mewat, Rewari, Narnaul
20.
Simultaneously,
an independent regulatory body i.e. Haryana Electricity Regulatory Commission
(HERC), was constituted to aid and advise the State Govt. on the development of
the power sector, to regulate the power utilities and take appropriate measure
to balance the interest of various stake-holders in the power sector, namely
electricity consumers, power entities and generation companies etc.
21.
Haryana
Electricity Regulatory Commission was established on 17th August 1998 as
an independent statutory body corporate as per the provision of the Haryana
Electricity Reform Act, 1997. Haryana was the second State in India to initiate
the process of Reform & Restructuring of the Power sector in India.
22.
The
Government of India notified The Electricity Act, 2003 with
effect from 10th June 2003. However, in Haryana the provisions of the
Electricity Act 2003 were deferred by six months from 10th June 2003 vide
notification No. 1/4/2003-IP dated 8.9.2003. Therefore, in Haryana provisions
of the Electricity Act, 2003 as well as the provisions of the Haryana
Electricity Reform Act, 1997, which are not inconsistent with the Electricity
Act, 2003 are applicable.
23.
The broad
objectives of the Electricity Act, 2003 as incorporated in its preamble is to
consolidate the laws relating to generation, transmission, distribution,
trading and use of electricity and generally for taking measures conducive to
development of electricity industry, promoting competition therein, protecting
interest of consumers and supply of electricity to all areas, rationalisation
of electricity tariff, ensuring transparent policies regarding subsidies,
promotion of efficient and environmentally benign policies, constitution of
Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal
and for matters connected therewith or incidental thereto.
24.
We wish to draw your kind attention to PART VI of the Electricity
Act, 2003 under the head “Distribution of Electricity” - Provisions with
respect to distribution licensee.
Section 42 (duties of
distribution licensee and open access) reads as under:
It shall be the duty of a distribution
licensee to develop and maintain an efficient, coordinated and economical
distribution system in his area of supply and to supply electricity in
accordance with the provisions contained in this Act.
The above clause clearly
states that the entire electrical installation and the connected
infrastructure, so has to be maintained by the distribution licensee as it is
his duty to maintain an efficient, coordinated and economical distribution
system in his area of supply and to supply electricity in accordance with the
provisions contained in this Act.
25.
Unfortunately even after
repeated reminders the infrastructure which should be taken over from the
developer by DHBVN has not been taken over by them during last 25 years.
26.
Ansals Aravali Retreat, Village
Raisina, Tehsil Sohna, District Gurgaon has 675 farms which were sold in the
year 1992 onwards and since then HSEB/Dakshin Haryana Bijli Vitran Nigam has
provided around 300 connections and gets revenue of Rs. 10 lakhs approximately
every month from the said connections. Apart from this there are about 1200
electrical poles in the common area and the minimum bill from these lights
comes to Rs. 50000 per month which is also earned by DHBVN, hence the total
revenue being earned by the Dakshin Haryana Bijli Vitran Nigam per annum for
the entire area comes to Rs. 1.80 Crores.
27.
DHBVN has since then
been installing connections and even providing connections to villages outside
Ansals Aravali Retreat taking the connection from our feeders. Hence though the
revenue goes to DHBVN directly for all the connections provided at Ansals
Aravali Retreat and also from the street lights installed in the entire area
and the area beyond Ansals but the entire burden of maintaining the
infrastructure falls on the owners / RWA.
28.
Needless to say that
the servicing and maintenance of the infrastructure comprising of the HT
installation, LT installation and the transformers, the servicing and
maintenance has to be carried out by a certified class – 1 contractor, a
facility not easily available in the hands of the residents.
29.
Recently because of very
heavy wind lot many poles and the electric wires had fallen on the ground.
Unfortunately the Residents do not have certified class 1 maintenance staff and
therefore it gets dangerous to handle such situations as this could lead to
some untoward incident. We had lot of difficulty in taking care of such
unexpected situations. In case of any untoward incident the entire
responsibility comes on the owners/ RWA.
30.
This is the property of
the DHBVN and should be taken over by them immediately. A period of 25 years
has lapsed and DHBVN is collecting revenue from the farm land owners as per
details given above but has not been maintaining the infrastructure which they
should have taken over long back and started maintaining it.
31.
Entire electrical
infrastructure within the colony has been installed/laid with due certification
of load bearing capacity and are based on the certificates of worthiness issued
by HSEB.
32.
During our discussions
with the officers we have averred that the genesis of the refusal of the DHBVN
to take over the infrastructure is the lack of man power to maintain it.
33.
Sirs, if DHBVN the
authority so constituted for the purpose of to develop and maintain an
efficient and coordinated and economical distribution system do not have the
manpower, then how are the owners/ RWA expected to arrange the manpower.
34.
That we have been writing
to all the concerned officers including you very regularly and copy of our representation
with copies to all connected is enclosed herewith. Apart from the
communications being sent, we have also have been meeting the officers from the
level of SDO to XEN to SE on this matter and have been explaining them the
policy on the matter and requesting them to kindly take over the entire
electrical infrastructure maintain an efficient, coordinated and economical
distribution system in his area of supply and to supply electricity in
accordance with the provisions contained in this Act.
35.
We have now realized that
all the verbal and written appeals to the officials of the DHBVN were not
fruitful and hence are now sending you a detailed representation through this
letter with copies being marked to Chief Engineer, SE, XEN, SDO and the Managing
Director and the Directors of DHBVN explaining the entire issue thread bare in
writing and request your kind indulgence in resolving this long pending matter
enabling give relief to the residents of the colony so that their request for
maintenance of the faults from time to time is entertained by the officers of
DHBVN.
36.
We wish to further state
that the load requirement of the area has increased over the past few years but
the DHBVN is refusing to release further load.
37.
Sometimes in 1992.
one 11 KV feeder was provided from the Tikli Feeder up to Ansals
Aravali Retreat entrance gate No.1. The said feeder was provided directly
from the Tikli Rural Feeder.
38.
During last 25 years, many
villages have been given connection from the said Tikli Rural Feeder like Akhlimpur,
Tikli, Gairatpur Bas, Kheda, Pandala etc. All these villages are
consuming electricity from the said feeder resulting in the load reaching
Ansals Aravali Retreat being much less and hence the residents being deprived
of the proper electricity.
39.
We also wish to bring to
your kind knowledge that though Ansals Aravali Retreat is not a rural area,
still the light being provided since 1992, and given from the Tikli rural
feeder is not more than 10 hours in a day, the entitlement of rural areas, depriving
the elderly people staying in the area of light which is so very necessary for
their happy existence.
40.
It may kindly be noted
that during the summer period every year, the load requirement suddenly
increases many fold and the elderly people staying in the area suffer heavily
because of the power being given for only 10 hours out of 24 hours and secondly
the power being given is not sufficient to meet the need of the residents.
41.
In spite of our regular meetings with SDO/Op Sub Division, DHBVN,
Badshahpur, Gurgaon and Shri Manoj Yadav, Xen Sub-Urban Division, DHBVN,
Gurgaon requesting them to take over the maintenance of the entire
infrastructure at Ansals Aravali Retreat and help in mitigating our problems
but to no avail.
42.
That the verbal response and utterances of the officers of DHBVN and
their inaction in even responding to our communications is bad in law,
arbitrary and against the principal of natural justice and cannon of
jurisprudence and also contrary to the provisions of the Act, Rules and Regulations.
43.
That DHBVN is the sole distribution licensee for supply/distribution of
electricity in Gurgaon including the area where we all are staying at Ansals
Aravali Retreat, Village Raisina, Tehsil Sohna and has also monopoly in the
matter of supply/distribution of electricity in the area.
44.
That we as residents of the area are statutorily dependent on DHBVN for
supply and distribution of electricity.
45.
That taking undue and unfair advantage of our vulnerable position and
its own position of dominance and monopoly in the matter of supply/distribution
of electricity, DHBVN is not taking over the maintenance of the electrical
infrastructure in spite of the laws being very unambiguous on this
issue.
46.
Under section 42 of the Electricity Act, 2003, it is the statutory
obligation of DHBVN being the distribution licensee to develop and maintain an
efficient and co-ordinated and economical distribution system in its areas of
supply and to supply electricity in accordance with the provisions of the
Act.
47.
I therefore pray the following relief
on priority:
a)
DHBVN being the distribution licensee to develop and maintain an
efficient and co-ordinated and economical distribution system in its areas of
supply and to supply electricity in accordance with the provisions of the Act
should immediately take over the electrical infrastructure at Ansals Aravali
Retreat, Village Raisina, Tehsil Sohna, Gurgaon.
b)
DHBVN to kindly provide a regular feeder to the entire Ansals Aravali
Retreat rather than providing a Rural Feeder so that the light could be
provided to the residents for 24 hours instead of the present supply of 10
hours.
c)
DHBVN to kindly provide the requisite load in view of the power being
provided to various villages enroute to Ansals Aravali Retreat.
47. We shall be grateful for an urgent relief in the matter within
30 days else we will be left no option but to proceed legally in the matter.
Thanking you,
Yours faithfully
Kuldeep Kumar Kohli
Copy to:
Director Operation
Dakshin
Haryana Bijli Vitran Nigam,
Vidyut Sadan,
Vidyut Nagar,
Hisar -12500
