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TMI Blog2002 (4) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... ment the plant and machinery and other assets being possessed by the respondent No. 5 were taken over by the respondent No. 6 and the same was ultimately sold by an agreement in writing to the writ petitioner. 3. In terms of the agreement it appears that the writ petitioner has not become the absolute owner and/or transferee of the above industrial unit. It is pertinent to mention the writ petitioner No. 1 purchased the industrial unit as a going concern on the terms and conditions mentioned in the Agreement for Sale. After purchase the writ petitioner decided to run the factory, so it approached the respondent No. 1 with application for new electric supply connection to the same industrial unit wherefrom the old supply line given to the respondent No. 5 was not then withdrawn. 4. It appears from the writ petition that though petitioner had applied for new connection, but, in substance, it wanted resumption and/or restoration of the supply line either by way of new connection or reenergizing old and existing line. So, the writ petitioner in fact wanted to settle and negotiate with the respondent No. 1. However, respondent No. 1 was not agreeable to supply electric energy eith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h steps as may be necessary for expeditious recovery and payment of the dues of the Board of the licensee, as the case may be, from such sale proceeds or from the owner or manager together with interest at the rate of current bank rate on the outstanding sum as aforesaid for the period commencing from the date on which such sum became due till the date of payment. 8. Now the point has cropped up whether in view of the aforesaid amendment the respondent No. 1 can demand for payment by virtue of Section 49B from the writ petitioner being the new owner or manager by making retrospective application of the said section or not. 9. Mr. Sumit Panja learned counsel appearing for the writ petitioner contends that the aforesaid provision of the law has no retrospective operation. At the time of filing of the writ petition the aforesaid provision of law was not there. He contends that the relationship between licensee and consumer is absolutely personal in nature so corresponding rights and obligation cannot be transferred nor can they devolve upon the succession-in-interest of the property where the electric supply was given. In view of the aforesaid section now outstanding dues are s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r that: Electricity is public property. Law, in its majesty, benignly protects public property and behoves everyone to respect public property. Hence, the Courts must be zealous in this regard. But, the law, as it stands, is inadequate to enforce the liability to the previous contracting party against the auction-purchaser who is third party and is in no way connected with the previous owner/occupier. It may not be correct to state, if we hold as we have done above, it would permit dishonest consumers transferring their units from one hand to another, for time to time, infinitum without the payment of the dues to the extent of lakhs and lakhs of rupees and each one of them can easily say that he is not liable for the liability of the predecessor in interest. No doubt, dishonest consumers cannot be allowed to play truant with the public property but inadequacy of the law can hardly be substitute for over zealousness. 13. Perhaps, in order to cover up the aforesaid legal difficulty the aforesaid amendment is sought to be made and this has been observed by me in my judgment rendered in another case (Arun Shaw and Anr. v. CESC Ltd. and Ors.) reported in (2001)3 CLT 292. In that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w should govern current activities. Elsewhere in this work a particular Act is likened to a floodlight switched on or off, and the general body of law to the circumambient air. Clumsy though these images are, they show the inappropriateness of retrospective laws. If we do something today, we feel that the law applying to it should be the law in force today, not tomorrow's backward adjustment of it. Such, we believe, is the nature of law. Dislike of ex post facto law is enshrined in the United States Constitution and in the Constitutions of many American States, which forbid it. The true principle is that ex prospicit non respicit (law looks forward not back) retrospective legislation is contrary to the general principle that legislation by which the conduct of mankind is to be regulated ought when introduced for the first time, to deal with future acts, and ought not to change the character of past transactions carried on upon the faith of the then existing law. 18. Retrospectivity is artificial, deeming a thing to be what it was not. Artificiality and make-believe are generally repugnant to law as the servant of human welfare. So it follows that the Courts apply the genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tric connection, as under Section 22 of the said Act in order to give new connection, the licensee can realize the sum which will ensure minimum annual amount as will give the licensee reasonable return on the capital expenditure incurred to meet possible maximum demand for the premises. I accordingly direct the line which has already been given to the petitioner, pursuant to the interim order shall be regularized as being a new connection and shall stand in the name of the writ petitioner. 22. The amount which has already been paid in terms of the interim order shall be adjusted accordingly. The amount of any surplus will however adjusted in the manner as follows : 23. It appears during pendency of the writ petition there arose several disputes for which the petitioner's line was disconnected and subsequently restored in terms of the Court's order. It appears Justice Barin Ghosh was pleased to pass an order directing the petitioner to deposit a certain amount as a condition precedent for restoration of the supply line which was disconnected on the allegation of pilferage of electric energy. But this interim order the petitioner deposited a sum of rupees two lakhs and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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