DELHI HIGH COURT
SANJEEV SACHDEVA
Akashdeep Singh – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent
| Table of Content |
|---|
| 1. restoration of electricity connection request. (Para 1 , 2) |
| 2. petitioner's status as prospective purchaser. (Para 3) |
| 3. conditions for new electricity connection. (Para 4 , 5) |
| 4. order terms and rights of parties. (Para 6 , 7) |
JUDGMENT
Sanjeev Sachdeva, J.
CM APPLN. 4097/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P. (C) 1438/2021 & CM APPLN. 4096/2021 (interim dir)
1. Petitioner seeks a direction to the respondent no. 1-BSES-RPL to restore the electricity connection. It is contended that even though no bills are pending, electricity supply has been disconnected by respondent no. 1/BSES-RPL.
2. Learned counsel appearing for respondent no. 1/BSES-RPL submits that though no dues are pending, however, the electricity connection was disconnected because respondent no. 2 who is the registered consumer requested for surrender of the meter and disconnection of the electricity supply and it was at the request of the registered consumer that the electricity connection has been disconnected.
3. Learned counsel for the petitioner submits that the petitioner was originally a tenant of the property, however, there was an agreement to sell between respondent
A tenant can seek an independent electricity connection even if the registered consumer requested disconnection, without granting special equities regarding ownership.
The court permits the petitioner to apply for a new electricity connection, emphasizing no special rights are granted and the existing rights and contentions of the parties remain intact.
Restoration of electricity supply must be maintained during ongoing property disputes, contingent on bill payments, without conferring additional rights to the petitioner.
The court balanced the right to electricity supply with the pending legal proceedings and the directive from the municipal corporation, ultimately allowing the restoration of electricity supply subje....
Petitioner is entitled to apply for a new electricity connection without requiring landlord's NOC, provided all dues are cleared and formalities complied with.
Possession of property entitles petitioners to an electricity connection, even if a civil suit is pending, as it cannot be the sole ground for denial.
A petition under Article 226 can direct the installation of utilities, subject to formal requirements and does not confer ownership rights.
The court's decision was based on the principle of granting a fresh electricity connection in favor of the petitioner for the ground floor, without prejudice to the pending dispute with the estranged....
The tenant has the right to seek a new electricity connection without requiring a no-objection certificate from the owner, subject to compliance with formalities and payment obligations.
The main legal point established is that a tenant, being in settled occupation, is entitled to an independent electricity connection as a matter of right, irrespective of the pending eviction suit fi....
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