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DELHI HIGH COURT
SANJEEV SACHDEVA
Ashok Panwar – Appellant
Versus
BSES Rajdhani Power Limited – Respondent
| Table of Content |
|---|
| 1. petitioners seek electricity connection amid title dispute. (Para 1 , 2 , 3 , 4) |
| 2. legal representation acknowledges dispute over connection. (Para 5 , 6) |
| 3. possession is critical for granting connection. (Para 7) |
| 4. connection granted without prejudice to ongoing suit. (Para 8 , 9) |
| 5. petition disposed affirming respondent's obligation. (Para 10) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioners seek a direction to the respondent to grant a fresh electricity connection in the name of either of the petitioners at shop in property No.125, Shahpur Jat, New Delhi, more particularly, shown and marked as shop No. B in site plan annexed to the petition (Annexure P-5).
2. Learned counsel for petitioners submits that there is an ongoing dispute with the family members of the petitioners and a Suit for partition has been filed by petitioner No.1. He submits that even though there is an interim order in favour of the petitioner No.1 dated 09.11.2021 in CS (OS) 580/2021, protecting the possession of the petitioner No.1, electricity supply has been disconnected by the defendants to the suit.
3. He submits that without prejudice to the said suit, an application was made by P
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....
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....
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 ....
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....
A tenant can seek an independent electricity connection even if the registered consumer requested disconnection, without granting special equities regarding ownership.
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.
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
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