Delhi High Court
Punita Bhardwaj vs Bses Rajdhani Power Ltd & Anr. on 3 March, 2022
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03rd March, 2022
+ W.P.(C) 3124/2021&CM APPL. 9480/2021&CM APPL.
13621/2021
PUNITA BHARDWAJ ..... Petitioner
versus
BSES RAJDHANI POWER LTD & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Abhimanyu, Advocate
For the Respondents: Mr. Sunil Fernandes Standing Counsel with Mr. Shubham
Sharma, Advocate for R-1/BSES-RPL
Mr. Roopansh Purohit and Mr. Rohit Yadav, Advocates for
R-2
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Petitioner seeks a direction to the respondent no. 1 to provide a
fresh electricity connection to the petitioner or in the alternative to
restore the electricity supply of the petitioner through the existing
meter.
2. It is contended that the petitioner along her old parents are
residing in the subject property.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:03.03.2022
Signing Date:04.03.2022 11:52:11 21:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned Senior Counsel for the petitioner submits that there is
an ongoing dispute with respondent no. 2 and respondent No. 2 has set
up a sale deed in respect of the subject property in his favour.
4. He submits that the petitioner has already filed a suit for
cancellation of the sale deed and respondent no. 2 has filed a suit for
possession of the property and both the Suits are pending
adjudication.
5. Further it is contended that the petitioner has been in
continuation possession of the subject property since 2007 and has
been enjoying the electricity supply to the said premises.
6. It is submitted that based on the sale deed, respondent no. 2 had
got the electricity meter, which was originally in the name of the
petitioner, changed into his own name and has thereafter made a
request for disconnection of the electricity supply.
7. Learned Senior Counsel for the petitioner submits that a Suit
for injunction was filed in 2019 against disconnection of the
electricity supply and there was an interim protection granted to the
petitioner. On 03.03.2021 application for injunction has been
dismissed. Learned Senior Counsel submits that an appeal has been
filed against the order which is pending before the appellate Court.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:03.03.2022
Signing Date:04.03.2022 11:52:11 21:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
8. He submits that petitioner is seeking an independent electricity
connection in the property, without prejudice to the rights and
contentions of the parties and pending adjudication of the rights of the
parties in the Suits.
9. This is disputed by Learned Counsel for the Respondent No. 2.
10. By order dated 08.03.2021 noticing that the petitioner has been
admittedly in possession of the subject property since 2007 and has
been enjoying the electricity supply, respondent/BSES-Rajdhani
Power Ltd. was directed to restore the electricity supply to the meter
that already stood installed in the premises.
11. It is informed that the electricity supply has since been restored.
12. Learned counsel appearing for BSES-RPL submits that the
electricity supply was disconnected because of an intimation received
from the South Delhi Municipal Corporation for disconnection of
electricity supply on the ground that there was unauthorized
construction in the shape of additional/alternations at ground floor and
first floor without prior permission of the SDMC.
13. Learned counsel appearing for the petitioner submits that the
petitioner has already filed an appeal before the Appellate Tribunal -
MCD impugning the coercive action taken by the SDMC and by order
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:03.03.2022
Signing Date:04.03.2022 11:52:11 21:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
dated 06.09.2019 coercive action contemplated by the Corporation has
been stayed.
14. Since there is a direction by the SDMC to the BSES-RPL
directing them to disconnect the electricity supply to the premises
occupied by the petitioner, no independent connection can be granted
to the petitioner unless the petitioner succeeds in the appeal filed
before the Appellate Tribunal - MCD.
15. Accordingly, this petition is disposed of directing the
respondent/BSES-RPL not to disconnect the electricity supply to the
existing meter subject to petitioner paying the regular electricity bills.
16. This, however, will be subject to the outcome of the appeal
filed by the petitioner which is stated to be pending before the
Appellate Tribunal - MCD and would be without prejudice to the
respective Suits pending between Petitioner and Respondent No. 2
and would not amount to acknowledging any right of or conferring
any special equities in favour of the Petitioner..
17. The petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
MARCH 3, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:03.03.2022
Signing Date:04.03.2022 11:52:11 21:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
