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REVIEW PETITION No. 06/2018 IN APPEAL PETITION No. P/029/2018 - Sri. Sadiq P.A., Ernakulam
The appellant representing the Jewel Riverwoods Flat Owners Association, Aluva approached the Electrical Section, Aluva North for shifting two numbers of electrical posts installed in the flat compound to the private road outside the compound for which the flat owners have 50% ownership. But this was objected by the other owners of the private road and the matter was presented before the Additional District Magistrate (ADM) by the respondent. The ADM dismissed the petition after hearing both parties as he found the petition lacks merits. Then the appellant approached the CGRF-CR, Ernakulam by filing a Petition vide No. 88/2017-18 and the CGRF directed the respondent to realign the post and line to the boundary of the property of the appellant after collecting the required charges, vide its order dated 31-03-2018. The respondent has prepared an estimate for shifting the PSC pole and realignment of three phase line on work deposit basis. The work was not done since the shifting will cause damage to the pipelines of the sewage treatment plant of the appellant. Then the appellant has submitted an appeal petition before this Authority which was disposed of with a direction to the respondent to prepare an estimate for the drawing of the LT Aerial Bunched Cable (ABC) in the place of existing three phase four wire overhead conductor for two span of line within 15 days from the date of the order and inform the appellant and if the appellant is willing to accept the proposal and to bear the expenditure, the respondent shall carry out the work within one month without changing the location of the existing electric LT poles, vide Order No. P/29/2018 dated 03-07-2018. Accordingly the respondent has issued an estimate for converting overhead line to ABC amounting to Rs. 23,490/- to be done by the appellant and also directed to remit Rs. 224/- as supervision charges and to submit an undertaking by the appellant. The review appellant is not willing to accept the proposal of ABC and requested to implement the order of CGRF without changing the location of the pole and hence this review petition. In the review petition nothing is pointed out which escaped the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error which is apparent on the face of records and it cannot be used as appellate jurisdiction. However, the respondent is free to take action to resolve the grievance of the review appellant by implementing a feasible proposal without any complaints from the rival parties. In this background, this Authority didn’t find any reason to intervene the order already issued.


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Created 2018-09-04 05:02:10