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New 3 phase floor mill connection need to stop because it is

(Querist) 06 April 2020 This query is : Resolved 
Hi All,
Beside my house newly a floor mill connection is going to give by electricity department . I need to stop that act .because it will effect the health of my parents & it will create so many problems for my parents and neighbours also.previously that connection is on my father name but now we dis connected the connection due to my parents health issue. Now in the same place new connection is going go to give by electricity department,kindly give the proper advice.
Raj Kumar Makkad (Expert) 06 April 2020
A connection holder is within his legal rights to get disconnected his electricity connection by paying all dues and getting no objection from the electricity department. After the closure of lock-down period, move an application accordingly and get the desired relief. Even there is no requirement to elaborate the reasons for disconnection.
G.v.karthik (Querist) 07 April 2020
Now I want to stop that new connection what I need to do
KISHAN DUTT KALASKAR (Expert) 07 April 2020
Dear Sir,
Normally such mills should not exist beside a residential house. You lodge complaint with concerned licensing authorities and approach Civil Court or High Court.
P. Venu (Expert) 07 April 2020
The facts, as posted, lacks clarity. What do you mean by "previously the connection was in my father'name...................................."? Apparently, it appears that the flour mill has been functioning for a long period and your father has been providing the power supply, but now he has got it disconnected. You are aggrieved that he is making alternate arrangements for power supply? If so, what is the issue? Why, all on a sudden, this health issue?
Rajendra K Goyal (Expert) 07 April 2020
Who is owner of the premises?
Whether the premises is commercial?
Whether the person going to have new connection is tenant or owner?
If it is in residential area, complaint with the municipality need to be lodged.
Write to electricity department?
Still if they proceed, try to obtain a stay from local court.
Raj Kumar Makkad (Expert) 07 April 2020
The author has already clarified that the old connection is in the name of his father and now they want to get the same disconnected as the area is also residential and mill creates health problem to the parents of the author. I think with such factual position, no more question do arise to answer his query.
Dr J C Vashista (Expert) 08 April 2020
The meter is stated to have been installed in the name of your father, what is the problem in getting it disconnected ?
P. Venu (Expert) 08 April 2020
Mr. Rajkumar Makkad, everyone needs atta for his/her roti. How could there be atta unless there are flour mill. In my view, the facts posted suggest an ego clash or a rivalry; the alleged health problems is a mere smoke screen to settle some personal score. It is my considered view that this public forum should not be allowed to be abused for such purposes.
Advocate Suneel Moudgil (Expert) 08 April 2020
agree with the expert P.Venu ji,
Advocate Suneel Moudgil (Expert) 08 April 2020
earlier the connection was on your father's name, which was disconnected and now you are trying to stop the issuance of new connection stating a lame excuse,
ignoring the ego/rivalry, you can file a civil suit restraining the department to issue the connection mentioning the applicable ground,
Advocate Suneel Moudgil (Expert) 08 April 2020
approach a local lawyer along with the relevant documents/facts to file the case rather wasting your time here
Hemant Agarwal (Expert) 08 April 2020
1. According the state "Development Control" (DC) rules and the local Civic body rules, a Flour Mill CANNOT be permitted directly below a residential building. However a Flour Mill is permitted in a residential complex corner, wherein there is no residential structure directly above the flour mill.

2. In the case instant, "IF" Father had a Flour Mill connection and a new Flour Mill owner is taking over, THEN the new Flour Mill owner "CANNOT" be denied Electricity connection for a "existing legitimate" Flour Mill, citing any legitimate or illegitimate reason.

Keep Smiling .... Hemant Agarwal
T. Kalaiselvan, Advocate (Expert) 08 April 2020
The author has clearly stated that the connection was earlier on his father's name but he disconnected the same for the same reasons.
From this it can be seen that there existed a flour mill in that place and it is not a new mill that has come to occupy this place.
Therefore there is no illegality in resuming the electricity connection to the flour mill by the department of electricity on an application made by them.
The residents cannot object to the existing flour mill at this stage especially when the permission to run the flour mill was granted and the same is running for years in the same place.
As Mr. Venu observed that it may be a feud between the parties or ego clash.
You may wait for the current lock down to be lifted for taking any action on this.
Raj Kumar Makkad (Expert) 08 April 2020
We lawyer are free to presume and assume the facts as per our own whims and wishes and can go on replying accordingly til the time imemorable. After all we are lawyers and this is our only skill but here our role is restricted to the facts and question raised by author only. This is my prayer only otherwise every body is free to reply independently as he wishes.
Rajendra K Goyal (Expert) 09 April 2020
The author has problem in Commercial 3 phase connection in residential area at present. He has right to write to Electricity department. he has right to move to court for preying a stay in the matter.
Raj Kumar Makkad (Expert) 09 April 2020
This seems endless discussion without having subsequent response of the author. Go on........
Rajendra K Goyal (Expert) 10 April 2020
Healthy discussion should always be welcomed.

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