Delhi High Court
Reenu Malhotra vs State Of Delhi Nct And Ors on 11 November, 2021
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.11.2021
+ W.P.(C) 2356/2021
REENU MALHOTRA ..... Petitioner
versus
STATE OF DELHI NCT AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. B.P. Singh, Advocate
For the Respondent: Mr. Sunil Fernandes, Standing Counsel BSES-RPL with
Mr. Shubham Sharma, Advocate for R-2 & 3
Mr. Dhruv Dwivedi & Mr. Shaikh Bakhtiyar, Advocates
for R- 4 & 5
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Affidavit of service has been filed indicating that notice has
been served on respondent no. 6. None appears for respondent no. 6
despite service.
3. Petitioner seeks a direction to the respondent-BSES-RPL to
install the new electricity connection for the to lift and stilt
parking/common area of the property bearing No. 17, Road No. 42,
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:11.11.2021
Signing Date:12.11.2021 08:08:05 19:59
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Punjabi Bagh (West), New Delhi.
4. Learned counsel for the petitioner submits that the electricity
meter has been sanctioned, however, the same has not been installed
for servicing the lift and the common areas.
5. Learned counsel appearing for BSES-RPL under instructions
submits that he has no objection to installation of the electricity meter,
however, objection was being raised by other co-owners of the
property.
6. Learned counsels appearing for respondent no. 4 and 5 submit
that there are civil disputes pending inter-se the parties and petitioner
is seeking to have rights established in the property by way of
installation of an electricity meter. They further submit that the lift
and common areas are being serviced by an existing electricity meter
and there is no threat of disconnection of the said supply.
7. Learned counsel appearing for the petitioner submits that the
electricity is being provided from a meter installed at the second floor,
which is in possession of respondent no. 6, who does not even reside
therein. He submits that there is an apprehension that the supply may
be disconnected.
8. In view of the fact that today there is no dispute that the lift and
common areas are being serviced by an electricity connection, though
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:11.11.2021
Signing Date:12.11.2021 08:08:05 19:59
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
in the name of respondent no. 6, the grievance of the petitioner is
premature. However, in case the electricity supply to the lift or
common areas is disconnected by respondent no. 4 to 6 or any one
action on their behalf, petitioner would be at liberty to approach
BSES-RPL, in which case, after due inspection and subject to
completion of commercial and other formalities, BSES-RPL would
install the electricity connection for the lift and common areas.
9. It is further clarified that grant of the electricity connection, if
any, to the petitioner would not amount to accepting or
acknowledging the right of the petitioner to the subject property and
the same would be without prejudice to the rights and contentions of
the parties and would have no bearing on the civil suits pending
between the parties.
10. The petition is accordingly disposed in the above terms.
11. 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
NOVEMBER 11, 2021
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:11.11.2021
Signing Date:12.11.2021 08:08:05 19:59
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
