Delhi High Court
Anita Sharma vs State Nct Of Delhi And Ors, on 20 October, 2022
Neutral Citation Number : 2022/DHC/004438
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6501/2022
Date of Decision: 20.10.2022
IN THE MATTER OF:
ANITA SHARMA ..... Petitioner
Through: Mr.Shahid Ali and Mr.Alam
Musheer, Advocates.
Versus
STATE (NCT OF DELHI) & ORS. ..... Respondents
Through: Ms.Rachita Garg, Advocate for
respondent No.1.
Mr.Rohit Sharma and Mr.Ashok
Kumar, Advocates for respondent
No.2.
Mr.Rishabh Raj Jain, Advocate for
respondent No.3/BSES.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J. (ORAL)
1. By way of the present writ petition filed under Article 226 of the
Constitution of India, the petitioner, who claims to be an occupant of right
side flat on third/top floor of premises bearing No. 27, Gali No. 2, Sunder
Park, Shastri Nagar, Delhi (hereinafter, referred to as the 'subject
premises'), seeks direction to respondent No.3/BSES to install a fresh
electricity meter at the subject premises without insisting for a No Objection
Certificate from respondent No.2.
Signature Not Verified
Digitally Signed
Signing Date:325.10.2022
13:50:20
Neutral Citation Number : 2022/DHC/004438
2. Learned counsel for the petitioner submits that the petitioner is a
tenant in the subject premises and disputes are pending between the parties
i.e., the petitioner and respondent No.2/landlord. It is submitted that on
13.09.2020, respondent No.3 disconnected the electricity supply of the
subject premises at the behest of respondent No.2.
3. Mr.Rohit Sharma, learned counsel for respondent No.2 submits that
respondent No.2/Smt. Meena Kumari Gupta is the power of attorney holder
of Sh. Suresh Kumar Gupta and Sh. Dinesh Kumar Gupta. He, on
instructions, submits that the owners undertake to seek a fresh electricity
connection at the subject premises either in the name of Sh. Dinesh Kumar
Gupta or respondent No.2. Without prejudice to their rights and contentions,
learned counsel, on instructions, submits that electricity would be supplied
at the subject premises through the fresh connection.
4. Learned counsel for respondent No.3, on instructions, submits that if
directed, a fresh electricity connection would be installed at the subject
premises, provided the petitioner/respondent No.2/Sh. Dinesh Kumar Gupta
clear the pending electricity dues, if any, in respect of earlier connection.
5. At this stage, learned counsel for the petitioner has disputed the
aforenoted submission made on behalf of respondent No.2 apropos the
ownership of Sh. Suresh Kumar Gupta and Sh. Dinesh Kumar Gupta.
6. This Court deems it apposite to refer to the observations made by the
Supreme Court in Dilip (Dead) through Lrs. v. Satish & Others, Criminal
Appeal No. 810/2022, wherein it has been held as under:-
"It is now well settled proposition of law that electricity is a basic
amenity of which a person cannot be deprived. Electricity cannot be
declined to a tenant on the ground of failure/refusal of the landlord to
issue no objection certificate. All that the electricity supply authority
Signature Not Verified
Digitally Signed
Signing Date:325.10.2022
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Neutral Citation Number : 2022/DHC/004438
is required to examine is whether the applicant for electricity
connection is in occupation of the premises in question.
xxx
The impugned order cannot be sustained and the same is set aside.
The appeal is, accordingly, allowed.
Pending applications, if any, shall stand disposed of.
It is however made clear that electricity supply granted, shall not be
discontinued, subject to compliance by the Respondents of the terms
and conditions of supply of electricity by the electricity department
including payment of charges for the same."
7. Keeping in view the aforenoted observations of the Supreme Court as
well as without entering into the controversy with respect to title/ownership
of the subject premises, the present writ petition is disposed of in the
following terms:
(i) Sh. Dinesh Kumar Gupta or respondent No.2 on his behalf shall make
an application for grant of a fresh electricity connection within seven days
from today.
(ii) Respondent No.3 shall process the said application for installation of
a fresh electricity connection forthwith without insisting on a NoC from co-
owners.
(iii) Sh. Dinesh Kumar Gupta or respondent No.2 shall comply with all the
codal and commercial requirements of respondent No.3/BSES.
(iv) Sh. Dinesh Kumar Gupta or respondent No.2 shall also deposit a sum
of Rs.10,000/- with respondent No.3/BSES in addition to the regular
security deposit that they are required to make under the rules or regulations.
(v) Petitioner shall pay the consumption charges in accordance with the
bills raised by respondent No.3/BSES from time to time/till the time she
occupies the subject premises.
Signature Not Verified
Digitally Signed
Signing Date:325.10.2022
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Neutral Citation Number : 2022/DHC/004438
(vi) Sh. Dinesh Kumar Gupta or respondent No.2 shall not seek
adjustment of the security deposit. However, on the petitioner vacating the
premises or being evicted and surrender of the electricity meter, they shall
be entitled to refund of the security deposit subject to adjustment of any dues
of the respondent.
(vii) Respondent No.3/BSES shall be entitled to disconnect the electricity
supply in case petitioner fails to pay the electricity charges.
(viii) In case, Sh. Dinesh Kumar Gupta or respondent No.2 fail to take the
requisite steps within one week from today, the petitioner shall be at liberty
to seek electricity connection in her name and in that eventuality respondent
No.3 shall not insist for a No Objection Certificate from any of the owners.
8. It is clarified that this order is without prejudice to the rights and
contentions of the parties and shall not be construed as recognising rights of
any nature whatsoever, including either the ownership or possessory rights
of the petitioner with respect to the subject premises. It is also clarified that
no special equities shall flow in favor of the petitioner on account of this
order.
9. The writ petition is disposed of in the above terms. Pending
application, if any, is disposed of as infructuous.
(MANOJ KUMAR OHRI)
JUDGE
OCTOBER 20, 2022/v
Signature Not Verified
Digitally Signed
Signing Date:325.10.2022
13:50:20
