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Delhi High Court
Arun Deep Sharma vs Bses Rajdhani Power Ltd And Anr on 11 February, 2026
Author: Amit Bansal
Bench: Amit Bansal
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11th February, 2026
+ W.P.(C) 1962/2026 & CM APPL. 9571/2026
ARUN DEEP SHARMA .....Petitioner
Through: Mr. Neeraj Deora, Advocate.
versus
BSES RAJDHANI POWER LTD AND ANR. .....Respondents
Through: Mr. Sharique Hussain and Ms. Kirti
Garg, Advocates for BSES.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
AMIT BANSAL, J. (Oral)
1. The present writ petition has been filed inter alia seeking a direction to
respondent no.1/BSES to install the electricity connection/meter in premises
situated at Khasra No.24, 23, 22 5MIN, 6 MIN, Village Bijwasan, Near
Salapur Khera, Delhi-110061 (hereinafter 'subject property').
2. The petitioner, being a developer/builder, allotted plots in the subject
property to various purchasers. One of the said plots was sold by the petitioner
to one Mr. Swadesh Kumar. Mr. Swadesh Kumar had applied for a new
electricity connection before the respondent no.l/BSES.
3. However, the respondent no.l/BSES has refused to install the electricity
meter, citing the restraint orders dated 31st December 2021 and 6th December
2024, passed by the office of SDM (Kapashera).
4. Counsel appearing on behalf of the petitioner submits that denial of
electricity connection on the basis of the aforesaid restraint order is unlawful
and violative of the fundamental rights of the petitioner.
5. Counsel for the petitioner has placed reliance on the judgment of
Coordinate Bench of this Court titled as BSES Yamuna Power Limited v.
Bhagwanti & Anr. & other connected petitions, 2025:DHC:10086 wherein
the Bench had directed that electricity companies/distribution companies
(DISCOM) should not create impediments in grant of electricity merely on
the account of the fact that premises have been booked for unauthorised
construction. However, as and when MCD takes coercive action against the
properties, MCD shall duly intimate the concerned electricity companies, who
shall then be free to disconnect the electricity connection.
6. Pursuant to the aforesaid judgment, a circular dated 17th November
2025 has been issued by GNCTD. The said circular is set out below:-
By:AARZOO
Signing Date:16.02.2026
11:53:40
7. A similar issue came up before this Court in another writ petition, being
W.P.(C) 12105/2025, titled as 'Mr. Bhaya Prafull Kumar Singh & Ors. v.
Govt. of NCT of Delhi & Ors. wherein the petitioners, being the occupants of
properties situated in Revenue State of Village Bijwasan, Tehsil-Kapashera,
District - South West Delhi, were denied electricity connection on the basis
of the very same restraint order dated 6th December 2024 passed by the SDM.
Following the judgment in BSES Yamuna Power Limited (supra), this Court,
by judgment dated 10th February 2026, held that the restraint order cannot be
the basis to deny electricity connection to the petitioners. The relevant extracts
are set out below:-
"16. In the judgment passed by a Coordinate Bench on 13th November 2025 in
W.P.(C) 7618/2023 titled as BSES Yamuna Power Limited v. Bhagwanti &
Anr. and other connected writ petitions, it has been held that even in instances
where a property has been booked for unauthorized construction, there can be
no impediment upon the occupants of such property with respect to grant of
electricity connections. It was further clarified that as and when MCD takes
coercive action against such properties, the MCD shall duly intimate the
concerned electricity companies in that regard.
...
17. The rationale behind the aforesaid directions is equally applicable in the
present case. Till the time the respondents take coercive/ demolition action
against the properties of the petitioners, BRPL cannot deny them the grant of
electricity connections.
18. Accordingly, a direction is issued to the respondent no.4/BRPL that they
shall not deny electricity connections to the petitioners on the basis of the
restraint order passed by SDM (Kapashera) on 6th December, 2024.
19. However, taking into account the deficiencies pointed out by the respondent
no.4/BRPL, the petitioners shall apply afresh to the respondent no.4/BRPL for
grant of electricity connections. The said application shall be decided in an
expeditious manner by the respondent no.4/BRPL in accordance with its
policies/guidelines."
(Emphasis supplied)
8. In light of the judgments passed by this Court and the aforesaid circular
issued by GNCTD on 17th November, 2025, the electricity distribution
companies cannot deny the grant of electricity connection on the basis of the
general restraint orders passed by the SDM.
9. Accordingly, the present writ petition is disposed of directing the
respondent no.1 to grant electricity connection to the petitioner in accordance
with law and while disregarding the restraint orders dated 31st December 2021
and 6th December 2024 passed by the SDM.
10. A direction is also issued to the respondent no.1./BSES and other
DISCOMs operating in Delhi that they should sensitise their staff with regard
to the judgments passed by this Court and circular issued by GNCTD on 17th
November 2025 so that parties are not denied electricity connection on the
basis of restraint orders passed by the SDM.
AMIT BANSAL, J
FEBRUARY 11, 2026
ds
