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2000 Supreme(Del) 879

High Court Of Delhi
STRIDE PROPERTIES INDIA PRIVATE LIMITED - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
Civil 3402 of 1999
Decided On : 10/17/2000

Advocates Appeared:
N.S.Dalal, Pitam Puta, R.P.Bhutani, RAJ KISHORE GUPTA

The court's decision emphasized the importance of complying with commercial formalities for the grant of a permanent electric connection.

Headnote:

Electric Connection - Grant of Permanent Electric Connection - The court allowed the writ petition for the grant of permanent electric connection of 56 K.W. subject to the petitioner complying with commercial formalities.

Fact of the Case:

The petitioner applied for a permanent electric connection after having a temporary connection for construction purposes. The DVB did not grant the permanent connection despite the petitioner's application and deposit of the required sum.

Finding of the Court:

The court allowed the writ petition, stating that the DVB had no difficulty in granting the permanent electric connection subject to the petitioner complying with commercial formalities.

Issues: The issue was the refusal of the DVB to grant the permanent electric connection despite the petitioner's application and deposit.

Ratio Decidendi: The court found that the DVB had no difficulty in granting the permanent electric connection and directed the petitioner to submit an application and complete commercial formalities within 10 days.

Final Decision: The writ petition was allowed, and the court directed the DVB to process the petitioner's application and make a decision within six weeks.

Manmohan Sarin

( 1 ) WITH the consent of the parties, the writ petition is taken up for disposal.

( 2 ) THE petitioner who was having temporary connection granted for the purposes of construction applied to the Commercial Officer No. III, I. P. Estate of DVB for the grant of permanent electric connection of 56 K. W. vide application dated 22. 9. 1998. Petitioner deposited the sum of Rs. 5,000. 00 by way of a bank draft with the application, as desired said Commercial Officer, but to no avail. The petitioner in these circumstances approached this Court for a writ and a direction to respondent No. 2, Delhi Vidyut Board for sanctioning of permanent electric connection of 56 K. W. for plot No. 10, Road No. 44, Community Centre, Pitam Pura. Needless to mention here that the plot in the Community Centre had been purchased by the petitioner through an official auction by respondent No. 1-DDA. The petitioner claims that construction was raised after getting plan duly sanctioned. Notice in this writ petition was issued and an interim order staying disconnection of the temporary connection was granted subject to payment of usual charges. The counter 392 affidavit had not been filed by the DVB despite opportunities and vide order dated 10. 7. 2000, the interim order was made absolute and four weeks time was granted subject to costs of Rs. 1,000. 00 for filing the counter affidavit.

( 3 ) TODAY when the case is taken up Mr. Dalal on instructions from Mr. R. P. Bhutani, Executive Engineer, Pitam Pura, states in Court that the DVB has no difficulty for the grant of permanent electric connection of 56 K. W. subject to the petitioner complying with the commercial formalities. Mr. Dalal on instruction further states that let the petitioner submit an application within 10 days duly supported with its report and a certificate from the registered contractor relating to fitness of electric wiring etc. as also completing other commercial formalities. The application be submitted to the office of the District Executive Engineer, Pitam Pura within 10 days by the petitioner.

( 4 ) IT is stated that the charges for current security deposit are @ Rs. 2000. 00 per K. W. The amount of Rs. 5,000. 00 paid earlier would be adjusted against the aforesaid demand. The Executive Engineer shall process the application of the petitioner within 10 days of the receipt of the application and apprise the petitioner of any other commercial formality required to be completed. The petitioner s application would be processed and a decision taken thereof within six weeks of the receipt of the petitioner s application.

( 5 ) THE writ petition is allowed in the above terms.

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