Delhi High Court
Ahmed Ali vs Bses Yamuna Power Ltd & Ors. on 12 January, 2022
$~35
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 12.01.2022
+ W.P.(C) 99/2022 & CM APPL. 235/2022
AHMED ALI ..... Petitioner
versus
BSES YAMUNA POWER LTD & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Mahboob Alam Inayati, Advocate.
For the Respondent: Mr. Deepak Kumar Vijay , Advocate for R-1.
Mr. Wajeeh Shafiq, Standing Counsel, Delhi Wafq
Board/R-2.
Ms. Saumya Tandon, Advocate for R-3.
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 Yamuna
Power Ltd to provide an electricity connection to Shop No.965, Wakf-
Wazir-Un-Nisa, Matia Mahal, Jama Masjid, Delhi-110006.
3. Learned counsel for the petitioner submits that there is a dispute
with regard to the said shop with Delhi Waqf Board because of which
they are not giving a no objection certificate due to which the
electricity connection has not been provided.
Signature Not Verified
W.P(C) 99/2022 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:12.01.2022
Signing Date:12.01.2022 22:51:41 21:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. Learned counsel appearing for BSES Yamuna Power Ltd
submits that apart from the no objection certificate from the Waqf
Board, petitioner has also not paid the entire dues as were directed by
order dated 12.11.2021 passed by the Permanent Lok Adalat-II.
5. Learned counsel appearing for the Waqf Board submits that no
objection certificate cannot be issued even as per the case of the
petitioner the father of the petitioner was a tenant in the subject
property and in view of Section 56 of the Waqf Act tenancy rights are
not inheritable. He further submits that as per his instructions there are
several other legal heirs apart from the petitioner of his late father. He,
however, concedes that petitioner claims to be in possession of the
subject property.
6. In view of the above, this petition is disposed of with a direction
to the Respondent BSES Yamuna Power Ltd, that subject to petitioner
complying with order dated 12.11.2021 of Permanent Lok Adalat-II
and also completing the other financial and codal formalities of
respondent No.1, electricity connection be granted to the petitioner
without insisting upon the requirement of an NOC from the Delhi
Waqf Board.
7. It is clarified that the grant of electricity connection would in no
manner construe as an acknowledgement of the right of the petitioner
of any nature to the subject property and would be without prejudice
to the rights and contentions of the parties and also without prejudice
to the rights of the Delhi Waqf Board to take appropriate action
against the petitioner in respect of the subject property. It is also
Signature Not Verified
W.P(C) 99/2022 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:12.01.2022
Signing Date:12.01.2022 22:51:41 21:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
clarified that no special equities shall flow in favour of the petitioner.
8. 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.
JANUARY 12, 2022
rk
Signature Not Verified
W.P(C) 99/2022 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:12.01.2022
Signing Date:12.01.2022 22:51:41 21:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
