Delhi High Court
Indian Agricultural Research ... vs North Delhi Power Ltd. & Others on 19 February, 2010
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9553/2007 Date of decision: 19th February, 2010.
INDIAN AGRICULTURAL RESEARCH INSTITUTE ... Petitioner
Through Mr. N.S. Dalal, Adv. with Ms.
AL Moohmina Muzzammil,
Advocate.
versus
NORTH DELHI POWER LTD. & ORS. ..... Respondent
Through Mr. Sudhir Nandrajog, Sr. Adv.
with Mr. Vikram Nandrajog,
Adv. for NDPL.
Ms. Amita Gupta, Adv. for R-2.
Mr.V.P. Sharma, Adv. with Mr.
Y.D. Nasar, Adv. for R-3.
Ms. Sneha Mittal and Ms.
Renuka Arora, Adv. for R-4.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
%
1. The petitioner, Indian Agricultural Research Institute has filed
the present writ petition for quashing of bill dated 18th January, 2006
raised by the respondent, discom-North Delhi Power Limited for
arrears payable for street lights. The petitioner has also prayed for
quashing of the letter dated 18th January, 2006 written by the
respondent, discom stating that an amount of Rs. 53,46, 778/- was due
W.P.(C) No.9553/2007 Page 1
and payable towards street lighting till December, 2005. Letter further
states that the said amount does not include any penalty or surcharge
and is as per the street light tariff approved by DERC applicable from
time to time.
2. Contention of the petitioner is that they should not be asked to
pay for street lighting and this burden should be put on Delhi Jal Board,
Municipal Corporation of Delhi, Food Corporation of India and other
parties, who also are having offices/residential quarters within their
campus. It is further stated that right from 1930, no bill was ever raised
for street lighting and, therefore, the petitioner is not liable.
3. The petitioner is a society registered under the Societies
Registration Act, 1860, having its own constitution and bylaws. It can
be sued and can sue in its own name. It is a juristic person. The said
society has a campus of about 1200 acres of land. There is a boundary
wall to segregate and demarcate the said campus. Within this campus,
there are roads and street lighting has been provided on the said roads.
Electricity consumed in the street lighting has to be paid for. There
cannot be any dispute with regard to the same.
4. The street lighting has been provided within the 1200 acres of
land belonging to the petitioner. The petitioner necessarily has to pay
W.P.(C) No.9553/2007 Page 2
for street lighting installed within their campus. The petitioner cannot
claim ownership rights but also claim that they are not liable to pay for
street lighting. Who maintains the road within the campus and whether
petitioner has allowed other parties to have offices and residential
quarters within the campus is an internal matter between the
petitioner and the said third parties. The respondent, discom, however,
is entitled to payment of street lighting and the payment has to be
made by the person, who is the owner and to whom the campus
belongs.
5. During the pendency of the present writ petition, the matter
was referred to the Chief Secretary, Government of NCT of Delhi. The
Chief Secretary has submitted his report dated 12th November, 2009. In
the said report, the following findings have been given:-
(i) All streetlight points have been installed by the petitioner at
their own costs.
(ii) Operation and maintenance of all these street light points is
carried out by the petitioner.
(iii) The petitioner has replaced the street lights with new CFL/HPSV
lamps at their costs with new fittings.
(iv) The respondent, discom has a sub-station within the Pusa
W.P.(C) No.9553/2007 Page 3
Complex, which provides electricity in the said campus.
6. It appears that there are some quarters, which were earlier
allotted to Delhi Vidyut Board and may be in occupation of the
employees of the respondent, discom. However, as per the report of
Chief Secretary, no street light point exists near the said quarters.
Similarly, there are other agencies, which have premises in the Pusa
Complex, but no specific street lighting has been provided to them.
Within the premises of other users, separate electricity meters have
been installed and electricity bills are being raised.
7. The Chief Secretary, Government of NCT of Delhi in his report
has stated that the petitioner will have to bear and pay the entire
electricity arrears, but future electricity bills for street lighting would be
shared by the Government of NCT of Delhi and the petitioner, Indian
Agricultural Research Institute in the ratio of 1/3 and 2/3 respectively.
8. In view of the aforesaid, it is held that the petitioner is liable to
pay arrears of electricity dues in respect of street lighting. However,
with regard to future electricity bills, it has been agreed that the
petitioner will pay 2/3 of the future bills and the balance will be paid by
the Government of NCT of Delhi. It is open to the petitioner to ask the
other users/occupants to make proportionate payment with regard to
W.P.(C) No.9553/2007 Page 4
the arrears raised and payable for street lighting. However, the primary
responsibility is that of the petitioner to make the said payment. How
and from whom this payment is collected by the petitioner is not the
concern of this Court or the respondent, discom.
9. At the request of the counsel for the petitioner, two months'
time is granted to the petitioner to make payment of the arrears. The
writ petition and all pending applications are disposed of. In the facts
and circumstances of the case, there will be no order as to costs.
SANJIV KHANNA, J.
FEBRUARY 19, 2010
NA
W.P.(C) No.9553/2007 Page 5
