Delhi High Court
Mehjabeen vs Bses Rajdhani Power Ltd on 8 July, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10302/2022
Date of Decision: 08.07.2022
IN THE MATTTER OF:
MEHJABEEN ..... Petitioner
Through: Mr. Abhishek Singh, Advocate
versus
BSES RAJDHANI POWER LIMITED ..... Respondent
Through: Mr. Shubham Sharma, Advocate for
Mr. Sunil Fernandes, Standing
Counsel, BSES-RPL.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J. (ORAL)
CM.APPL No. 29711/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 10302/2022
1. By way of the present petition filed under Article 226 of the
Constitution of India, the petitioner who claims herself to be the
owner/occupier of the premises bearing No. RZ-346 (Second Floor), Gali
No. 19, measuring 41.8 sq. mtrs. i.e., 50 sq. yds. out of Khasra No. 529,
Signature Not Verified
By:SANGEETA ANAND
Signing Date:11.07.2022
11:35:49
situated at Tughalkabad Extension, New Delhi-110019 (hereinafter, referred
to as the 'subject premises') seeks a direction to the respondent to provide a
permanent electricity connection to the petitioner at the subject premises
without removing the temporary connection.
2. Mr. Abhishek Singh, learned counsel for the petitioner submits that
the petitioner has purchased the subject premises by virtue of a registered
sale deed dated 23.02.2022 from one Sh. Shyam Singh Rathore and Sh.
Deepak Kumar Sharma. It is submitted that the petitioner has approached
the respondent for installation of new permanent electricity connection,
however the same has not been installed till date.
3. Issue notice.
4. Mr. Shubham Sharma, Advocate appears and accepts notice on behalf
of the respondent/BSES Rajdhani Power Limited and, on advance
instructions, submits that the petitioner's request was considered and certain
deficiencies were pointed out, which are now stated to be removed. It is
submitted that the petitioner's request was rejected in view of the
representation dated 13.08.2021 received from Sh. Shyam Singh Rathore and
Sh. Deepak Kumar Sharma. He, on instructions, submits that a technical site
inspection would be carried out at the subject premises and the petitioner's
request for installation of a new permanent electricity connection would be
considered in accordance with law.
5. In view of the above, the petition is disposed of in the following
terms:
(i) Petitioner shall make an application for grant of a fresh electricity
connection in her own name.
Signature Not Verified
By:SANGEETA ANAND
Signing Date:11.07.2022
11:35:49
(ii) Petitioner shall comply with all the codal and commercial
requirements of respondent/BSES Rajdhani Power Limited.
(iii) Petitioner shall also deposit a sum of Rs.10,000/- with
respondent/BSES Rajdhani Power Limited in addition to the regular security
deposit that the petitioner is required to make under the rules or regulations.
(iv) Petitioner shall pay the consumption charges in accordance with the
bills raised by respondent/BSES Rajdhani Power Limited from time to time.
(v) Petitioner shall not seek adjustment of the security deposit. However,
on the petitioner vacating the premises or being evicted and surrender of the
electricity meter, petitioner shall be entitled to refund of the security deposit
subject to adjustment of any dues of the respondent.
(vi) The respondent shall be entitled to disconnect the electricity supply in
case petitioner fails to pay the electricity charges.
(vii) Application of the petitioner shall be processed and electricity
connection shall be installed within two working days of the petitioner
completing all the formalities.
6. It is clarified that this order is without prejudice to the rights and
contentions of the parties/any other person and shall not be construed as
recognising any ownership rights of the petitioner with regard to the subject
premises. No special equities shall flow in favour of the petitioner on
account of this order.
7. The writ petition is disposed of in the above terms.
(MANOJ KUMAR OHRI)
JUDGE
JULY 8, 2022/v
Signature Not Verified
By:SANGEETA ANAND
Signing Date:11.07.2022
11:35:49
