Full Text
Date of Decision: 04.12.2025
ARVIND SINGH .....Petitioner
Through: Mr. Amit Grover , Mr. Naresh Kumar and Mr. Parth Mudgal, Advs.
Through: Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-1
JUDGMENT
1. The present is an application for seeking early hearing of the present petition.
2. Considering the submissions made before this Court, the matter is taken up for hearing today.
3. Noting the aforesaid, the present application is accordingly, disposed of. W.P.(C) 17814/2025
4. The present writ petition has been filed by the petitioner seeking directions to the respondent no. 2, i.e., BSES Yamuna Power Limited, to install a fresh electricity meter at the premises bearing No. 5/204, First Floor, Khichripur, Patparganj, Delhi-110091, without insisting on a No Objection Certificate (“NOC”) from respondent nos. 3 to 5.
5. Learned counsel appearing for the petitioner submits that the petitioner is a permanent resident of the subject premises and is the legal and lawful co-owner/co-sharer of the subject premises, residing at first floor of the subject premises for a long time and Respondent nos. 3 to 5, who are the brothers of the petitioner, are staying on the ground floor of the property.
6. It is submitted that father of the petitioner was the original allottee of the subject premises. As per owner partition and mutual settlement, the first floor of the subject premises was given to the petitioner.
7. It is submitted that the petitioner had earlier applied for electricity connection on 12th June, 2018 with respondent no. 2. However, due to the objection by respondent nos. 3 to 5, respondent no. 2 refused to install the electricity connection despite knowing the fact that respondent nos. 3 to 5 have been enjoying the electricity and have been creating unnecessary hindrances for the petitioner. Thus, the present writ petition has been filed.
8. Responding to the present writ petition, learned counsel appearing for respondent no. 2 submits that the petitioner had earlier applied for electricity in the year 2018. He submits that at that point of time, a deficiency letter dated 12th June, 2018, had been issued to the petitioner clearly stating that there was no kitchen and washroom available on the first floor, except a single room. He, thus, submits that since there was no dwelling unit as such, no electricity connection was given.
9. At this stage, learned counsel appearing for the petitioner submits that there is a kitchen and a washroom now on the first floor and the same is being used by the petitioner along with his family members, on the first floor of the premises in question.
10. After having heard learned counsel appearing for the parties, this Court notes the submission made by learned counsel appearing for the respondent no. 2 that since the last application was made by the petitioner in the year 2018, the petitioner would have to apply afresh for electricity connection.
11. Accordingly, the petitioner is directed to submit a fresh application in this regard with the respondent no. 2, within a period of two weeks, from today.
12. Upon the petitioner submitting an application before the respondent no. 2, the same shall be processed by the respondent no. 2, without insisting on any NOC from respondent nos. 3 to 5.
13. The petitioner will comply with all the Codal and commercial formalities for grant of a new connection. The petitioner will also pay arrears of consumption charges, if any, as demanded by the respondent NO. 2-BSES Yamuna Power Limited.
14. In addition to the regular security deposit, the petitioner will also deposit a sum of Rs. 25,000/- as additional security deposit with the respondent no. 2 BSES Yamuna Power Limited.
15. The petitioner will pay the current charges in accordance with the bill raised by respondent no. 2-BSES Yamuna Power Limited from month to month.
16. The security deposit will not be adjusted against demands for the current period, but will be refunded to the petitioner upon vacation of the premises, subject to any adjustment of any arrears at that time.
17. The BSES Yamuna Power Limited will be entitled to disconnect the electricity in the event of non-compliance with any of the conditions.
18. It is further clarified that the present order has been passed without prejudice to the rights and contentions of the petitioner and other private respondents, i.e., respondent nos. 3 to 5, in any civil proceedings.
19. The present order will not be treated as having conferred any special equities in favour of the petitioner or as indication of any ownership/title/possessory right in favour of the petitioner.
20. It is clarified that this Court has not expressed any opinion or given any finding as to the status of the possession of the petitioner.
21. The BSES Yamuna Power Limited shall inspect the premises in question and satisfy itself that the petitioner is residing in the premises in question, along with his family and using the same as a dwelling unit, before undertaking any further action.
22. With the aforesaid directions, the present petition, along with the pending application, is accordingly disposed of.
23. The next date of 15th January, 2026, stands cancelled. MINI PUSHKARNA, J DECEMBER 4, 2025