Delhi High Court
Prabhat Kumar vs Bses Rajdhani Power Limited on 1 October, 2021
$~41
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.10.2021
+ W.P.(C) 11026/2021
PRABHAT KUMAR ..... Petitioner
versus
BSES RAJDHANI POWER LIMITED ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. M.P.Bhargava, Advocate.
For the Respondent: Mr. Sunil Fernandes, Standing Counsel, BSES-
RPL with Mr. Shubham Sharma, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondent No.1 BSES Rajdhani
Power Ltd to provide an electricity connection without lease
agreement.
3. By order dated 28.09.2021, Mr. Arun Kumar Bhalla, landlord
of the property was impleaded as respondent No.2. Notice was issued
to respondent No.2, returnable for 30.09.2021.
4. On 30.09.2021, none appeared for the respondent No.2 despite
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.10.2021
Signing Date:02.10.2021 13:59:22 23:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
service in the first call. The matter was passed over but could not be
taken up thereafter and has accordingly been listed today.
5. Affidavit of service has been shared over the email of the Court
Master. The same is taken on record.
6. Petitioner has stated that the notice was served on Mr.
Ramakant who is the driver of respondent No.2 who has
acknowledged the receipt after consulting respondent No.2. Copy of
the intimation has also been forwarded on the Whatsapp number of
respondent No.2 i.e. Mobile No.9810812299. Print out of the
Whatsapp has also been annexed.
7. None has appeared for respondent No.2.
8. Petitioner along with the petition has annexed a lease agreement
dated 16.11.2010 with regard to lease of the entire ground floor,
terrace, lawns, open spaces, servant quarter situated at property
No.434/4, Forest Lane, Neb Sarai excluding the basement.
9. Learned counsel for the petitioner submits that petitioner has
also entered into an Agreement to Sell with respondent No.2 for
purchase of the subject property but there is some dispute qua the
same. He however submits that the present petition is restricted to
grant of an electricity connection.
10. It is contended that the mother of the petitioner is very aged
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.10.2021
Signing Date:02.10.2021 13:59:22 23:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
being 102 years and respondent No.2 has disconnected the electricity
supply by having the electricity meter removed.
11. Learned counsel appearing for respondent BSES Rajdhani
Power Ltd submits that electricity connection was not granted as there
was objection from the recorded owner of the property.
12. He submits that BSES Rajdhani Power Ltd is willing to grant a
fresh connection subject to petitioner complying with the requisite
commercial and other formalities and also paying extra security
deposit of Rs.10,000/- over and above the regular security amount and
further undertaking that petitioner shall pay the regular electricity bills
as and when raised.
13. Learned counsel for the petitioner under instructions from the
petitioner undertakes that petitioner shall duly pay the bills raised by
the respondent from time to time. The undertaking is accepted.
14. In view of the above, writ petition is disposed of directing
respondent No.1 to provide an electricity connection to the petitioner
subject to petitioner complying with the requisite commercial and
other formalities and depositing the extra amount as security deposit
along with the regular security amount for the said connection and
also regularly paying the bills as and when raised by respondent No.1.
15. It would not be obligatory on the part of petitioner to furnish a
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.10.2021
Signing Date:02.10.2021 13:59:22 23:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
No Objection Certificate from respondent No.2.
16. Further, it is clarified that this order as well as grant of an
electricity connection shall not grant any special equities in favour of
the petitioner and would be without prejudice to the rights and
contentions of the parties.
17. If after grant of electricity connection, there is any resistance in
installation of the electricity connection, appropriate police assistance
shall be provided by the SHO Police Station Neb Sarai, if so requested
by the officials of BSES Rajdhani Power Ltd.
18. Petition is allowed in the above terms.
19. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
OCTOBER 1, 2021
rk
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.10.2021
Signing Date:02.10.2021 13:59:22 23:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
