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2022 Supreme(Del) 1322
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Satpal Garg - Appellant
Versus
BSES Rajdhani Power Limited & Anr. - Respondents
Civil Writ Petition No. 12062 of 2021
Decided On : 03-02-2022
Abhishekh Gupta, Advocate, Sunil Fernandes, Advocate, Subham Sharma, Advocate
The tenant's rights under the Delhi Rent Control Act and the landlord's obligations regarding electricity supply influenced the court's decision.
Headnote:
Electricity Connection - Tenant's Rights - The court directed the electricity provider to grant a separate independent electricity connection to the tenant without requiring a No Objection Certificate from the landlord, subject to the tenant completing the necessary formalities.
Fact of the Case:
The petitioner, a tenant in a property, sought a separate independent electricity connection due to the landlord's delay in paying electricity bills and permitting inspections.
Finding of the Court:
The court found in favor of the petitioner, allowing the petition and directing the electricity provider to grant the independent electricity connection to the petitioner.
Issues: The issues involved the tenant's right to a separate electricity connection and the landlord's obligations regarding electricity supply.
Ratio Decidendi: The court's decision was based on the tenant's rights under the Delhi Rent Control Act and the landlord's failure to fulfill obligations related to electricity supply.
Final Decision: The petition was allowed, and the electricity provider was directed to provide a pre-paid electricity connection to the petitioner without insisting upon a No Objection Certificate from the landlord.
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. By order dated 26.10.2021, notices were directed to be issued to respondent No.2. Office report indicates that notices were sent over Whatsapp. However, none appears for respondent No.2.
3. Petitioner, a tenant in the subject property seeks a separate independent electricity connection at premises being shop No.2 in property number 1868/13, Govind Puri Extension, Kalkaji, New Delhi-110019.
4. Learned counsel for the petitioner submits that petitioner is a tenant protected under the Delhi Rent Control act. He submits that earlier electricity was sought to be disconnected by the respondent No.2 and accordingly, a petition under Section 45 of Delhi Rent Control act, 1958 was filed in which by interim dated 05.11.2020, the respondent/landlord was directed to restore electricity to the tenanted premises.
5. Learned counsel submits that though electricity has been restored, however, with the intention of pressurizing the petitioner to vacate the premises, the landlord does not pay the electricity bills on time or permit the electricity inspectors to inspect the meter and take reading.
6. He submits that petitioner is willing to comply with all the codal and financial formalities of the respondent for the purposes of grant of the electricity connection.
7. Learned counsel appearing for respondent/BSES Rajdhani Power Ltd. submits that they have no objection to grant of an independent electricity meter to the petitioner, subject to petitioner complying with the codal and other financial formalities.
8. In view of the above, this petition is allowed. Subject to petitioner completing the codal and other financial formalities, BSES/Rajdhani Power Ltd. is directed to provide a pre-paid electricity connection to the petitioner without insisting upon a No Objection Certificate from the landlord
9. It is clarified that the provision of electricity meter shall be without prejudice to the rights and contentions of the parties and shall not grant any special equity in favour of the petitioner or any extra rights in the property other than what the petitioner already enjoys
10. Petition is allowed, in the above terms.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.
