Delhi High Court
Deepak Martin Caleb vs Bses on 18 July, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10052/2022
Date of Decision: 18.07.2022
IN THE MATTER OF:
DEEPAK MARTIN CALEB ..... Petitioner
Through: Mr. Amish Aggarwala, Mr. Kuldeep
Jawahari, Mr. Karan Ahuja, Mr.
Anubhav Tyagi and Ms. Alka Nupur
Singh, Advocates
versus
BSES & ANR. ..... Respondents
Through: Mr. Shubham Sharma and Ms.
Muskan Surana, Advocates for Mr.
Sunil Fernandes, Standing Counsel,
BSES.
Counsel for Respondent No. 2
(Appearance not given)
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 seeks a direction to respondent No. 1 to
install a separate prepaid electricity meter at the premises bearing No. A-24,
Ground Floor, Green Park Free Church, New Delhi - 110016 (hereinafter,
referred to as the 'subject property').
Signature Not Verified
Digitally Signed
Signing Date:20.07.2022
10:23:52
2. Learned counsel for the petitioner submits that earlier an electricity
connection through CA No. 102394958 was installed at the subject property
including the portion occupied by the petitioner. However, later on, the said
electricity supply was disconnected due to non-payment of dues. He also
submits that the petitioner has been residing in the subject premises since the
year 2007 when his father was appointed to the Office of Priest of Free
Church of Green Park. In support of his submissions, learned counsel has
placed reliance on decisions of this Court in Shri Ashok Panwar & Anr. v.
BSES Rajdhani Power Limited & Anr., W.P. (C) 3819/2022 and Shanti
Devi v. BSES Yamuna Power Limited, W.P. (C) 9032/2022.
On the last date of hearing, at the request of learned counsel for the
petitioner, Green Park Free Church was directed to be impleaded as
respondent No. 2. In pursuance of the directions contained in the order dated
05.07.2022, amended memo of parties have been placed on record.
3. Learned counsel appearing for respondent No. 1, on instructions,
submits that, if directed, a prepaid electricity connection would be provided
to the petitioner at the subject property.
4. Keeping in view the aforesaid and without prejudice to the rights and
contentions of the parties, it is directed that a prepaid electricity connection
be installed in the name of the petitioner at the subject property, subject to
the following terms:
(i) Petitioner shall make an application for grant of a fresh prepaid
electricity connection in his own name.
(ii) Respondent No. 1 shall process petitioner's application for installation
of a fresh prepaid electricity connection without insisting on a NOC from
the owner.
Signature Not Verified
Digitally Signed
Signing Date:20.07.2022
10:23:52
(iii) Petitioner, shall comply with all the codal and commercial
requirements of respondent No. 1.
(iv) Petitioner shall pay the consumption charges in accordance with the
bills raised by respondent No. 1 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 respondent No. 1.
(vi) Respondent No. 1 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 expeditiously, as and
when filed, and electricity connection shall be installed within two working
days of his completing all the formalities.
5. 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 property. As such, no special
equities shall flow in favour of the petitioner on account of this order.
6. The writ petition is disposed of in the above terms.
(MANOJ KUMAR OHRI)
JUDGE
JULY 18, 2022/v
Signature Not Verified
Digitally Signed
Signing Date:20.07.2022
10:23:52
