Mehjabeen v. BSES Rajdhani Power Limited

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner who claims herself to be the owner/occupier of the premises bearing No. RZ-346 (Second Floor), Gali No. 19, measuring 41.[8] sq. mtrs. i.e., 50 sq. yds. out of Khasra No. 529, 2022:DHC:2515 situated at Tughalkabad Extension, New Delhi-110019 (hereinafter, referred to as the ‘subject premises’) seeks a direction to the respondent to provide a permanent electricity connection to the petitioner at the subject premises without removing the temporary connection.

2. Mr. Abhishek Singh, learned counsel for the petitioner submits that the petitioner has purchased the subject premises by virtue of a registered sale deed dated 23.02.2022 from one Sh. Shyam Singh Rathore and Sh. Deepak Kumar Sharma. It is submitted that the petitioner has approached the respondent for installation of new permanent electricity connection, however the same has not been installed till date.

3. Issue notice.

4. Mr. Shubham Sharma, Advocate appears and accepts notice on behalf of the respondent/BSES Rajdhani Power Limited and, on advance instructions, submits that the petitioner’s request was considered and certain deficiencies were pointed out, which are now stated to be removed. It is submitted that the petitioner’s request was rejected in view of the representation dated 13.08.2021 received from Sh. Shyam Singh Rathore and Sh. Deepak Kumar Sharma. He, on instructions, submits that a technical site inspection would be carried out at the subject premises and the petitioner’s request for installation of a new permanent electricity connection would be considered in accordance with law.

5. In view of the above, the petition is disposed of in the following terms:

(i) Petitioner shall make an application for grant of a fresh electricity connection in her own name.

(ii) Petitioner shall comply with all the codal and commercial requirements of respondent/BSES Rajdhani Power Limited.

(iii) Petitioner shall also deposit a sum of Rs.10,000/- with respondent/BSES Rajdhani Power Limited in addition to the regular security deposit that the petitioner is required to make under the rules or regulations.

(iv) Petitioner shall pay the consumption charges in accordance with the bills raised by respondent/BSES Rajdhani Power Limited from time to time.

(v) Petitioner shall not seek adjustment of the security deposit. However, on the petitioner vacating the premises or being evicted and surrender of the electricity meter, petitioner shall be entitled to refund of the security deposit subject to adjustment of any dues of the respondent.

(vi) The respondent shall be entitled to disconnect the electricity supply in case petitioner fails to pay the electricity charges.

(vii) Application of the petitioner shall be processed and electricity connection shall be installed within two working days of the petitioner completing all the formalities.

6. It is clarified that this order is without prejudice to the rights and contentions of the parties/any other person and shall not be construed as recognising any ownership rights of the petitioner with regard to the subject premises. No special equities shall flow in favour of the petitioner on account of this order.