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DELHI HIGH COURT
SANJEEV SACHDEVA
Punita Bhardwaj – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks restoration of electricity supply. (Para 1 , 2 , 5 , 10) |
| 2. ongoing disputes regarding property and electricity supply. (Para 3 , 4 , 6 , 7 , 8) |
| 3. disconnection due to unauthorized construction. (Para 12 , 13 , 14) |
| 4. condition for continued electricity supply pending appeal. (Para 15) |
| 5. conclusion of the petition. (Para 17) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks a direction to the respondent no. 1 to provide a fresh electricity connection to the petitioner or in the alternative to restore the electricity supply of the petitioner through the existing meter.
2. It is contended that the petitioner along her old parents are residing in the subject property.
3. Learned Senior Counsel for the petitioner submits that there is an ongoing dispute with respondent no. 2 and respondent No. 2 has set up a sale deed in respect of the subject property in his favour.
4. He submits that the petitioner has already filed a suit for cancellation of the sale deed and respondent no. 2 has filed a suit for possession of the property and both the Suits are pending adjudication.
5. Further it is contended that the petitioner has been in continuation possess
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....
A tenant can seek an independent electricity connection even if the registered consumer requested disconnection, without granting special equities regarding ownership.
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.
Possession of the subject property is a crucial factor in determining the grant of an electricity connection, and the pendency of a civil suit should not automatically disentitle the petitioners from....
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.
Point of law: Processing of Application for Supply - Grant of electricity connection to applicant merely on ground that there is a pending dispute in respect of property where electricity connection ....
Electricity is recognized as a fundamental right essential for existence under Article 21 of the Constitution of India, and filing a civil suit does not bar a petition under Article 226.
Point of Law : It is a settled proposition of law that electricity is one Fundamental Rights for existence and protected under Article 21 of Constitution of India, subject to petitioner complying wit....
The right to an electricity connection cannot be asserted without proof of ownership and clearance of dues, and the tenant's rights do not override the landlord's obligations.
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