Delhi High Court
Parvaiz Ahmad Nagar vs Govt Of Nct Of Delhi & Ors. on 25 May, 2021
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th May, 2021
+ W.P.(C) 3443/2021& CM APPLN. 10466/2021
PARVAIZ AHMAD NAGAR ..... Petitioner
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Kamlesh Kr. Mishra and Mr. Avinash Kumar,
Advocates
For the Respondents: Mr. Samaksh Goyal, Advocate for R-1
Ms. Pratima Gupta, Advocate for DERC/R-2
Mr. Buddy Ranganathan, Mr. Anupam Varma, Mr. Nikhil
Sharma and Mr. Aditya Gupta, Advocates for BSES-
RPL/R-3
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondent No.3-Rajdhani Power
Ltd. to accept the form of the petitioner for installation of new
electricity meter in his name at premises bearing No. S-10/14A, 3rd
Floor Flat, Right Side, Khasra No. 428/260, Joga Bai Extension,
Jamia Nagar, New Delhi 110025 and to supply electricity to the
petitioner.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
MAGGU Signing Date:25.05.2021
Signing Date:25.05.2021 21:26:02 20:28
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. It is pointed out by learned counsel appearing for respondent
No.3 that request for grant of electricity connection was rejected on
10.02.2021 on the ground that the building height was 17.95 meters
and electricity connection could not be granted without a fire
clearance certificate in terms of the directions of Delhi Electricity
Regulatory Commission.
4. Learned counsel for the respondent submits that after the filing
of the petition, DERC has amended the principal order i.e. the
Schedule of charges and the Procedure (Sixth Amendment) Order,
2021 dated 15.04.2021, particularly Clause 2 of the same and inserted
sub clause (3) and sub clause (4) which provides that in case the total
height of the building is more than 15 meters without stilt parking and
more than 17.5 meters with stilt parking, electricity connection can be
released in the dwelling units which are within the height of 15 meters
without stilt parking and within the height of 17.5 meters with stilt
parking without insisting for fire clearance certificate.
5. Petitioner has filed a certificate dated 15.05.2021 which
certifies that the building has a stilt parking and the height of the
subject floor of the property is 49 ft. i.e. 14.93 meters. Said certificate
has not been disputed.
6. Since, the subject floor for which an electricity connection has
been applied for by the petitioner falls within the height of 15 meters,
the same is covered by the amended clause 2 of the Schedule of
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
MAGGU Signing Date:25.05.2021
Signing Date:25.05.2021 21:26:02 20:28
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
charges and the Procedure (Sixth Amendment) Order, 2021 dated
15.04.2021.
7. Accordingly, this writ petition is disposed of with a direction
that on petitioner making an application in the form as prescribed by
the amended order dated 15.04.2021 and complying with the other
financial and codal formalities, respondent BSES-Rajdhani Power
Ltd shall grant the electricity connection to the petitioner for the
subject floor.
8. The petition is disposed of in the above terms.
9. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
MAY 25, 2021
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
MAGGU Signing Date:25.05.2021
Signing Date:25.05.2021 21:26:02 20:28
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
