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This story is from August 21, 2006
Residents not to pay for streetlights: HC
Residents do not have to pay charges for streetlights in their colonies as such services are obligatory and mandatory duty of MCD, the Delhi High Court has ruled.
Concluding a 29-year-old petition, Justice Ravindra Bhat stopped MCD from collecting money from residents of Aviation employees H/B Society Limited, Gagan Vihar-based cooperative society for providing streetlighting in the area.
The judge said: "The MCD is under obligatory function to supply electricity and cannot claim any separate charges. The phraseology in the MCD Act used is that various functions have to be mandatorily performed and lighting of public places is covered in the category of mandatory function. In view of the obligatory duty, MCD cannot claim electricity charges."
Residents of the co-operative society had approached HC in 1987 for uninterrupted power supply to the street lights. Approved by DDA on July 15, 1980, the society members took up the issue of electrification of common areas and street lights in 1981.
They apparently deposited more than Rs 14 lakh to the erstwhile DESU at the rate of more than Rs 8,000 per acre. Once the electrification got over, the MCD took over the maintenance of various services in the colony. The society members made several representations to the MCD for taking over the street lighting.
However, the MCD raised a bill for the residents and asked them to pay the charges for street lightning. A bill of more than Rs 1.81 lakh, for a period of four years between 1982 to 1986, was raised by the MCD on January 16, 1987.
The residents, however, challenged this bill before the high court. Meanwhile the MCD raised another bill of more than Rs 4 lakh following which the court ordered an interim stay and restrained the corporation from recovering any charges from the residents.
"MCD is being billed for the said services and electricity supply for common services is being undertaken by BSES Yamuna...there is merit in the petitioner's submissions that once services are taken over in an approved colony by MCD, it is under obligation to provide street lightning," HC said.
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