Jawahar Nagar Industrial Welfare ... vs B.S.E.S. Yamuna Power Ltd And Ors.
2015 Latest Caselaw 9169 Del

$~28 TO 30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 4388/2012                &   CM     Appl.   9083/2012,    10428/2012,
       20064/2012

       JAWAHAR NAGAR INDUSTRIAL
       WELFARE SOCIETY                     ..... Petitioner
                    Through: Ms. Nishtha Garg, Advocate
                    versus

       B.S.E.S. YAMUNA POWER LTD
       AND ORS.                    ..... Respondents
                     Through: Mr. Anupam Varma with Mr. Nikhil
                     Sharma and Mr. Rahul Kinra, Advs. for BSES
                     YPL
                     Mr. Naushad Ahmed Khan, ASC for GNCTD
                     Mr. Anil Mittal with Ms. Komal Aggarwal, Advs.
                     for State of U.P.

                                            WITH
+      W.P.(C) 5683/2012 & CM Appl. 11644/2012
       JAI PAL CHAND JAIN                                        ..... Petitioner
                     Through: None

                               versus

       BSES YAMUNA POWER LTD                      ..... Respondent
                    Through: Mr. Anupam Varma with Mr. Nikhil
                    Sharma and Mr. Rahul Kinra, Advs. for BSES
                    YPL
                    Mr. Naushad Ahmed Khan, ASC for GNCTD
                    Mr. Anil Mittal with Ms. Komal Aggarwal, Advs.
                    for State of U.P.

                                            AND




W.P.(C) 4388/2012 & Connected Matters                               Page 1 of 3
 +      W.P.(C) 5706/2012 & CM Appl. 11695/2012
       S.P.SINGH                                             ..... Petitioner
                               Through: Mr. Virendra Singh, Adv.
                               versus

       B.S.E.S. YAMUNA POWER LTD                   ..... Respondent
                     Through: Mr. Anupam Varma with Mr. Nikhil
                     Sharma and Mr. Rahul Kinra, Advs. for BSES
                     YPL
                     Mr. Naushad Ahmed Khan, ASC for GNCTD
                     Mr. Anil Mittal with Ms. Komal Aggarwal, Advs.
                     for State of U.P.


%                                       Date of Decision : 09th December, 2015
CORAM:
HON'BLE MR. JUSTICE MANMOHAN

                                   JUDGMENT

MANMOHAN, J: (Oral)

1. The present writ petitions were filed challenging the abrupt disconnection of electricity to the petitioners. In the writ petitions, it is averred that petitioners' premises fall within the jurisdiction of this Court.

2. On 27th August, 2012 in WP(C) 4388/2012, my learned predecessor had directed a demarcation of Delhi-UP Border, adjacent to the area of Village Jawahar Nagar Industrial Area of Johiri Pur, to be conducted jointly by the revenue officials of the Government of NCT of Delhi and the State of Uttar Pradesh.

3. In pursuance to the said order, a joint demarcation report dated 06 th December, 2014 carried out has been placed on record in WP(C) 4388/2012.

4. Consequently, the respondent-Discom is directed to grant electricity connections to those petitioners whose properties fall in Delhi in accordance with the demarcation report.

5. The petitioners whose properties fall in the State of Uttar Pradesh are directed to apply to Paschimanchal Vidyut Vitran Nigam Limited who in turn is directed to supply electricity connections in accordance with law.

6. To facilitate the petitioners whose properties fall in the State of Uttar Pradesh to apply for new electricity connections, this Court directs the respondent-Discom not to disconnect their electricity connections for a period of twelve weeks.

7. In the event properties of some of the petitioners fall both in Delhi and U.P., respondent-Discom is permitted to supply electricity to them subject to taking approval from the Delhi Electricity Regulatory Commission.

8. With the aforesaid observations and directions, the present writ petitions and pending applications are disposed of.

MANMOHAN, J DECEMBER 09, 2015 NG