Delhi High Court
Ms. Sufiya Begum vs Bses Yamuna Power Limited on 11 July, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10418/2022 and CM APPL. 30056/2022
Date of Decision: 11.07.2022
IN THE MATTTER OF:
MS. SUFIYA BEGUM ..... Petitioner
Through: Mr. Kshitiz Mahipal, Advocate.
versus
BSES YAMUNA POWER LIMITED ..... Respondent
Through: Mr. Akhil Hasija, Advocate.
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 petitioner who claims herself to be the owner/occupier of the
premises bearing No. 1236 to 1238, Fourth Floor, Ganj Meer Khan, Rakab
Ganj, New Delhi - 110002 (hereinafter, referred to as the 'subject premises')
seeks a direction to the respondent to install a new electricity connection at the
subject premises.
2. Mr. Kshitiz Mahipal, learned counsel for the petitioner submits that the
petitioner has purchased the subject premises by virtue of a registered sale deed
dated 06.11.2020 from one Smt. Heena Fatama. It is submitted that the
petitioner has approached the respondent for installation of a new electricity
connection vide Application No. 8005636348, however the same has not been
installed till date.
W.P.(C)
Signature Not 10418/2022
Digitally Signed
By:SANGEETA ANAND
Signing Date:13.07.2022
11:19:31
3. Issue notice.
4. Mr. Akhil Hasija, learned counsel appears and accepts notice on behalf of
the respondent/BSES Yamuna Power Limited and, on advance instructions,
submits that the petitioner's request was considered and certain deficiencies
were pointed out. 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 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.
(ii) Petitioner shall comply with all the codal and commercial requirements
of respondent/BSES Yamuna Power Limited.
(iii) Petitioner shall also deposit a sum of Rs.10,000/- with respondent/BSES
Yamuna 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 Yamuna 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.
W.P.(C)
Signature Not 10418/2022
Digitally Signed
By:SANGEETA ANAND
Signing Date:13.07.2022
11:19:31
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
recognizing rights of any nature whatsoever, including the 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. Miscellaneous
application is disposed of as infructuous.
(MANOJ KUMAR OHRI)
JUDGE
JULY 11, 2022/ga
W.P.(C)
Signature Not 10418/2022
Digitally Signed
By:SANGEETA ANAND
Signing Date:13.07.2022
11:19:31
