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2015 Supreme(Del) 2747
IN THE HIGH COURT OF DELHI
MANMOHAN, J.
JAWAHAR NAGAR INDUSTRIAL WELFARE SOCIETY – Petitioner
Versus
B.S.E.S. YAMUNA POWER LTD AND ORS. - Respondents
W.P.(C) 4388/2012 & CM Appl. 9083/2012, 10428/2012, 20064/2012, W.P.(C) 5683/2012 & CM Appl. 11644/2012 W.P.(C) 5706/2012 & CM Appl. 11695/2012
Decided On : 9-12-2015
Ms. Nishtha Garg, Advocate
Mr. Anupam Varma with Mr. Nikhil Sharma and Mr. Rahul Kinra, Advs. for BSES YPL Mr. Naushad Ahmed Khan, ASC for GNCTD Mr. Anil Mittal with Ms. Komal Aggarwal, Advs.
The court's decision was based on the demarcation report and the need to ensure electricity connections for petitioners in both Delhi and Uttar Pradesh, as well as for properties falling in both jurisdictions.
Headnote:
Electricity Disconnection - Jurisdiction - The court directed the electricity distribution company to grant electricity connections to petitioners in Delhi and Uttar Pradesh based on a joint demarcation report. It also provided directions for petitioners whose properties fell in both Delhi and Uttar Pradesh.
Fact of the Case:
The writ petitions were filed challenging the abrupt disconnection of electricity to the petitioners. The petitioners' premises were claimed to fall within the jurisdiction of the Court.
Finding of the Court:
The court directed the electricity distribution company to grant electricity connections to petitioners in Delhi and Uttar Pradesh based on a joint demarcation report. It also provided directions for petitioners whose properties fell in both Delhi and Uttar Pradesh. The court disposed of the present writ petitions and pending applications with its observations and directions.
Issues: Abrupt disconnection of electricity, jurisdiction of the Court, demarcation of Delhi-UP Border, electricity connections for properties falling in both Delhi and Uttar Pradesh.
Ratio Decidendi: The court's decision was influenced by the joint demarcation report and the need to ensure electricity connections for petitioners in both Delhi and Uttar Pradesh, as well as for properties falling in both jurisdictions.
Final Decision: The court directed the electricity distribution company to grant electricity connections to petitioners in Delhi and Uttar Pradesh based on a joint demarcation report. It also provided directions for petitioners whose properties fell in both Delhi and Uttar Pradesh. The present writ petitions and pending applications were disposed of with the court's observations and directions.
MANMOHAN, J.
1. The present writ petitions were filed challenging the abrupt disconnection of electricity to the petitioners. In the writ petitions, it is averred that petitioners’ premises fall within the jurisdiction of this Court.
2. On 27th August, 2012 in WP(C) 4388/2012, my learned predecessor had directed a demarcation of Delhi-UP Border, adjacent to the area of Village Jawahar Nagar Industrial Area of Johiri Pur, to be conducted jointly by the revenue officials of the Government of NCT of Delhi and the State of Uttar Pradesh.
3. In pursuance to the said order, a joint demarcation report dated 06th December, 2014 carried out has been placed on record in WP(C) 4388/2012.
4. Consequently, the respondent-Discom is directed to grant electricity connections to those petitioners whose properties fall in Delhi in accordance with the demarcation report.
5. The petitioners whose properties fall in the State of Uttar Pradesh are directed to apply to Paschimanchal Vidyut Vitran Nigam Limited who in turn is directed to supply electricity connections in accordance with law.
6. To facilitate the petitioners whose properties fall in the State of Uttar Pradesh to apply for new electricity connections, this Court directs the respondent-Discom not to disconnect their electricity connections for a period of twelve weeks.
7. In the event properties of some of the petitioners fall both in Delhi and U.P., respondent-Discom is permitted to supply electricity to them subject to taking approval from the Delhi Electricity Regulatory Commission.
8. With the aforesaid observations and directions, the present writ petitions and pending applications are disposed of.
