The court balanced the rights and contentions of the parties by directing the installation of a prepaid electricity meter with specific terms and conditions, without recognizing ownership rights of the petitioner.

JUDGMENT

Manoj Kumar Ohri, J. (Oral) - By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks a direction to respondent No. 1 to install a separate prepaid electricity meter at the premises bearing No. A-24, Ground Floor, Green Park Free Church, New Delhi - 110016 (hereinafter, referred to as the 'subject property').

2. Learned counsel for the petitioner submits that earlier an electricity connection through CA No. 102394958 was installed at the subject property including the portion occupied by the petitioner. However, later on, the said electricity supply was disconnected due to non-payment of dues. He also submits that the petitioner has been residing in the subject premises since the year 2007 when his father was appointed to the Office of Priest of Free Church of Green Park. In support of his submissions, learned counsel has placed reliance on decisions of this Court in Shri Ashok Panwar & Anr. v. BSES Rajdhani Power Limited & Anr., W.P. (C) 3819/2022 and Shanti Devi v. BSES Yamuna Power Limited, W.P. (C) 9032/2022. On the last date of hearing, at the request of learned counsel for the petitioner, Green Park Free Church was directed to be impleaded as respondent No. 2. In pursuance of the directions contained in the order dated 05.07.2022, amended memo of parties have been placed on record.

3. Learned counsel appearing for respondent No. 1, on instructions, submits that, if directed, a prepaid electricity connection would be provided to the petitioner at the subject property.

4. Keeping in view the aforesaid and without prejudice to the rights and contentions of the parties, it is directed that a prepaid electricity connection be installed in the name of the petitioner at the subject property, subject to the following terms:

(i) Petitioner shall make an application for grant of a fresh prepaid electricity connection in his own name.

(ii) Respondent No. 1 shall process petitioner's application for installation of a fresh prepaid electricity connection without insisting on a NOC from the owner.

(iii) Petitioner, shall comply with all the codal and commercial requirements of respondent No. 1.

(iv) Petitioner shall pay the consumption charges in accordance with the bills raised by respondent No. 1 from time to time.

(v) Petitioner shall not seek adjustment of the security deposit. However, on the petitioner vacating the premises or being evicted and surrender of the electricity meter, petitioner shall be entitled to refund of the security deposit subject to adjustment of any dues of respondent No. 1.

(vi) Respondent No. 1 shall be entitled to disconnect the electricity supply in case petitioner fails to pay the electricity charges.

(vii) Application of the petitioner shall be processed expeditiously, as and when filed, and electricity connection shall be installed within two working days of his completing all the formalities.

5. It is clarified that this order is without prejudice to the rights and contentions of the parties/any other person and shall not be construed as recognizing rights of any nature whatsoever, including the ownership rights of the petitioner with regard to the subject property. As such, no special equities shall flow in favour of the petitioner on account of this order.

6. The writ petition is disposed of in the above terms.