Neutral Citation Number : 2022/DHC/005342
* IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 15014/2022, CM APPL. 46303/2022 and
CM APPL. 49583/2022
Date of Decision: 02.12.2022
IN THE MATTER OF:
BABITA GULATI & ANR. ..... Petitioners
Through: Mr. Nishant Datta and Mr. Pradeep
Bhardwaj, Advocates
Versus
TATA POWER DELHI DISTRIBUTION LTD. & ANR..... Respondents
Through: Mr. Manish Kumar Srivastava,
Advocate for respondent No.1
Mr. Sunil Dalal, Sr. Advocate with Mr. Lalit
Gupta and Mr. Amit Sarma, Advocates for
respondent No.2
Mr. Kush Sharma, Advocate for DPCC
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J. (ORAL)
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioners, who claim themselves to be co- tenants in respect of first floor and terrace of property bearing No. B-103, Naraina Industrial Area, Phase-I, Delhi (hereinafter, referred to as the 'subject premises'), seek directions to respondent No. 1/TPDDL to consider their application/request dated 13.10.2022 for installation of a Digitally Signed By:SANGEETA ANAND fresh electricity connection in the name of petitioner No. 1 at the first Signing Date:06.12.2022 14:38:44
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floor of the subject premises without insisting for a 'No Objection Certificate' from the lessor/landlord (respondent No. 2).
2. Learned counsel for the petitioners submits that the petitioners application seeking grant of fresh electricity connection remained pending in terms of 'Acknowledgment cum Notification Suspension Letter' dated 15.10.2022 issued by respondent No. 1. Vide the said communication, the petitioners have been asked to provide valid ownership proof as well as 'No Objection Certificate', in case, the owner is some other person.
3. Learned counsel for respondent No. 1 submits that a Status Report has been filed, however the same is not on record. He has handed over a copy of the Status Report in Court, which is taken on record. Relevant excerpt from the Status Report reads as under:-
"3. During the joint site visit on 04.11.2022, it was found that there are total 4 floors including basement, Ground Floor, Mezzanine, and 1st Floor. It is found that the Mezzanine floor and half portion of 1st Floor (One Room) is used for commercial activity i.e., packaging delivery, storage & moulding of the Art & handicraft statues or decorative items.
4. At the time of inspection, one disconnected electricity connection being CA No.60002764912 (in name of Kandhari Raid Corp) was found existing, which was disconnected due to non-payment of dues. There was no electricity available at the premises. There exists dispute between Owner (Mr. Avtar Singh) and Tenant (Akash) and Owner is not interested to allow TPDDL to provide new electricity connection to the Applicant.
5. As per site visit, building structure was found to be Digitally Signed not safe as there had been a fire accident before due to By:SANGEETA ANAND Signing Date:06.12.2022 which internal wiring and building seems to be not safe. A 14:38:44
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copy of joint site report dated 04.11.2022 is annexed herewith and marked as Annexure-A."
4. Learned counsel for respondent No. 1 has clarified that insofar as safety of the subject premises is concerned, the joint site report is only qua the fire-safety and not the structural safety.
5. Mr. Sunil Dalal, learned Senior Counsel appearing for respondent No. 2 submits that civil disputes are pending between the parties wherein similar prayers have been sought. It is submitted that the subject premises is structurally unsafe and for which purpose, reference is also made to the Report of the fire accident which statedly took place on 04.05.2019 as well as on the Report of Structural Engineer, a copy of which has also been placed on record.
6. Mr. Kush Sharma, learned counsel while appearing for DPCC submits that the petitioners have been using the subject premises for the non-permitted use and without obtaining any consent to operate from the answering respondent.
7. At this stage, learned counsel for the petitioners has referred to the Inspection Report dated 23.09.2022 which was prepared after the fire incident wherein, it has been stated that 'the building structure is fit for any commercial activity'. He, on instructions, submits that to allay any fears, the petitioners undertake to lay fresh internal electric wiring in the subject premises at their own cost and expense, and for which no equity would be claimed.
8. There is no gainsaying that electricity is an essential service, of Digitally Signed By:SANGEETA ANAND which a person cannot be deprived without cogent, lawful reason. It is Signing Date:06.12.2022 14:38:44
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well-settled that even if disputes exist as to ownership of the property at which an electricity connection is sought, the concerned authorities cannot deprive the legal occupant thereof by insisting that an NOC be furnished from others who also claim to be owners. Under a similar circumstance, where a request for supply of electricity connection was declined to a tenant by the authorities, the Supreme Court in Dilip (Dead) through Lrs. v. Satish & Others, Criminal Appeal No. 810/2022 observed as under:-
"... It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question."
9. Concededly, no notice has been issued by the MCD, inter alia, declaring the subject premises to be structurally unsafe. Considering that the prayer sought in the instant petition is limited to the extent of seeking a fresh electricity connection, the same is disposed of with following directions, subject to petitioners laying fresh internal electric wiring in the subject premises to the satisfaction of respondent No. 1, as undertaken by them:
(i) Petitioners/petitioner No. 1 shall make an application for grant of a fresh electricity connection in their/her own name.
(ii) Respondent No. 1 shall process the petitioners' application for providing fresh electricity connection forthwith without insisting on Digitally Signed By:SANGEETA ANAND Signing Date:06.12.2022 14:38:44
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NOC from respondent No. 2 within two weeks from the date of filing of the application.
(iii) Petitioners shall comply with all the codal and commercial requirements of respondent No. 1.
(iv) Petitioners shall pay the consumption charges in accordance with the bills raised by respondent No. 1 from time to time/till the time they occupy the subject premises.
(v) Petitioners shall not seek adjustment of the security deposit. However, on the petitioners vacating the premises or being evicted and surrender of the electricity meter, petitioners shall be entitled to refund of the security deposit subject to adjustment of any dues of respondent No.1.
(vi) Respondent No. 1 shall be entitled to disconnect the electricity supply at the subject premises in case petitioners fail to pay the electricity charges.
(vii) Application of the petitioners shall be processed and electricity connection shall be installed within two working days of the petitioners completing all the formalities.
10. It is clarified that this order is without prejudice to the rights and contentions of the parties and shall not be construed as recognizing any tenancy or possessory rights of the petitioners with regard to the subject premises and would also be without prejudice to the pending dispute with the landlord. No special equities shall flow in favour of the petitioners because of this order.
11. It is also made clear that this Court has not gone into the merits of Digitally Signed By:SANGEETA ANAND the contentions raised by respective parties apropos the structural safety Signing Date:06.12.2022 14:38:44
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of the subject premises for which purpose the MCD shall take an informed view.
12. The writ petition is disposed of in the above terms alongwith the pending applications.
(MANOJ KUMAR OHRI) JUDGE DECEMBER 02, 2022 na
Digitally Signed By:SANGEETA ANAND Signing Date:06.12.2022 14:38:44
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