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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Mohd. Saddique - Appellant
Versus
BSES Rajdhani Power Limited - Respondent
W.P.(C) 15183 of 2021
Decided On : 03-01-2022
| Table of Content |
|---|
| 1. petitioner's request for electricity reconnection. (Para 2) |
| 2. disputed disconnection and application process. (Para 3 , 4) |
| 3. court directs reconnection pending application. (Para 5 , 6) |
| 4. order dissemination protocol. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J.
CM APPL. 47840/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 15183/2021& CM APPL. 47839/2021
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondent to reconnect the electricity meter to property No. C-93, Abul Fazal, Enclave Part-11, Shahinbagh, Jamia Nagar, Delhi-110025 bearing CA No. 102064542.
3. Learned counsel appearing for the respondent/BSES-RPL submits that the electricity meter was disconnected on a request received from the petitioner on 16.08.2021. He submits that in case petitioner were to make a fresh application and complete the financial and codal formalities, a fresh connection can be granted to the petitioner.
4. Learned counsel for the petitioner submits that no application has been filed by the petitioner for disconnection of the electricity and the alleged application dated 16.08.2021 has not been signed by him but probably has been signed by his brother respondent no. 2 by forging his signatures. Without prejudice, learned counsel for petitioner submits that petitioner shall be making a fresh application to respondent no. 1 and complete the requisite formalities.
5. In view of the above, this petition is disposed of with a direction to the respondent to grant an electricity connection to the petitioner, in case an appropriate application is filed by the petitioner and petitioner completes the codal and financial formalities for the same.
6. It is clarified that the issue with regard to disconnection of earlier meter on alleged forged signature is not being gone into in these proceedings and is left open.
7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
The court emphasized that a fresh application and completion of formalities are required for reconnection, while the forgery issue remains unresolved.
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.
A tenant can seek an independent electricity connection even if the registered consumer requested disconnection, without granting special equities regarding ownership.
Restoration of electricity supply must be maintained during ongoing property disputes, contingent on bill payments, without conferring additional rights to the petitioner.
Petitioner is entitled to apply for a new electricity connection without requiring landlord's NOC, provided all dues are cleared and formalities complied with.
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....
A petition under Article 226 can direct the installation of utilities, subject to formal requirements and does not confer ownership rights.
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