Bses Rajdhani Power Ltd vs Uoi And Ors
2017 Latest Caselaw 228 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 312/2017

      BSES RAJDHANI POWER LTD                ..... Petitioner
                   Through                   Mr. Anupam Varma with
                                             Mr. Nikhil Sharma and
                                             Ms. Shreya Khanna, Advocates

                         versus

      UOI AND ORS                     ..... Respondents
                         Through      Mr. Dev P. Bhardwaj, CGSC with
                                      Ms. Meena Pathak, Advocate for
                                      R-1/UOI.
                                      Mr. Devesh Singh, ASC (Civil) with
                                      Mr. Vinod Kumar Bhati, Advocate
                                      for R-2 to 6 and 11/GNCTD.
                                      Ms. Pratima Gupta, Advocate R-7/
                                      DERC.

      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN

                   ORDER

%                  13.01.2017

CM APPLs. 1507-1508/2017
      Allowed, subject to just exceptions.
W.P.(C) 312/2017

By way of the present writ petition, the petitioner-BSES seeks a direction to the respondents to take steps, make arrangements and effect measures for expeditious creation/setting up of arrangements and necessary infrastructure for charging of E-Rickshaws plying in the petitioner's area of supply in the NCT of Delhi.

It is averred in the petition that the respondents have failed to put in place any mechanism and infrastructure for charging and re-charging of E- Rickshaws plying on the roads of NCT of Delhi.

Learned counsel for the petitioner-BSES states that in the absence of necessary infrastructure, E-Rickshaws are largely being unlawfully charged by the driver/owner by indulging in theft of electricity thereby impairing the petitioner's ability to ensure reliable and continuous supply of electricity to its consumers. He further states that the illegal tapings in the electricity network pose a safety threat to general public and are a constant source of electrocution and resultant loss to human life and property. He also states that due to large scale theft of electricity, monetary burden is being passed on to the innocent consumers.

Issue notice.

Mr. Dev P. Bhardwaj, Advocate accepts notice on behalf of respondent no. 1/UOI. Mr. Devesh Singh, ASC accepts notice on behalf of respondent nos. 2 to 6 and 11. Ms. Pratima Gupta, Advocate accepts notice on behalf of respondent no. 7.

Since in another contempt petition being Cont. Cas.(C) 757/2014 there is a serious allegation that unregistered E-Rickshaws are plying on a large scale in Delhi, this Court directs the State Transport Authority along with Delhi Police to frame a comprehensive policy with regard to E- Rickshaws. The intent of the policy should be to ensure that only registered E-Rickshaws ply on the roads after payment of registration and insurance policy charges. The State Transport Authority and Delhi Police would also consider the suggestion of the learned counsel for Union of India that the number of E-Rickshaws should be capped keeping in view the carrying capacity of the Delhi Roads.

It is further directed that seized E-Rickshaws shall be released after their owners obtain and produce a registration certificate.

It is further directed that if any complaint is filed by any of the Discoms with regard to the theft of electricity by E-Rickshaws, the same shall be properly investigated by the Delhi Police in accordance with law.

List on 3rd March, 2017.

Order dasti to all parties.

MANMOHAN, J JANUARY 13, 2017 rn