MS Sadiya Usmani and Anr. v. BSES Yamuna Power Ltd.

Delhi High Court · 24 Sep 2025 · 2025:DHC:8581
Mini Pushkarna
W.P.(C) 3629/2025
2025:DHC:8581
administrative appeal_allowed Significant

AI Summary

The Delhi High Court directed BSES Yamuna Power Ltd. to provide electricity connection to petitioners subject to formalities and disconnection upon MCD's action against unauthorized construction, balancing consumer rights and municipal regulations.

Full Text
Translation output
HIGH COURT OF DELHI
Date of Decision: 24.09.2025
W.P.(C) 3629/2025 & CM APPL. 16952/2025
MS SADIYA USMANI AND ANR. .....Petitioners
Through: None.
VERSUS
BSES YAMUNA POWER LTD. .....Respondent
Through: Mr. Moksh Arora, Advocate and Mr. Santosh Ramdurg, Advocate
Mob: 9999061836 Email: moksh@kdatta.in
W.P.(C) 4997/2025 & CM APPL. 22967/2025
BSES YAMUNA POWER LIMITED .....Petitioner
Through: Mr. Moksh Arora, Advocate and Mr. Santosh Ramdurg, Advocate
Mob: 9999061836 Email: moksh@kdatta.in
VERSUS
MS. SADIYA USMANI & ORS. .....Respondents
Through: Mr. Abhishek Mahajan, Advocate for R-3
Mob: 9810981062 Email: officeofabhishekmahajan@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral)
JUDGMENT

1. W.P.(C) 3629/2025 has been filed seeking directions to the respondent for installing new electricity connection meter at premises bearing no. 379, 3rd Floor, Ward No. IX, Chitla Gate, Chawri Bazar, Delhi- 110006.

2. W.P.(C) 4997/2025 is a petition that has been filed by BSES Yamuna Power Ltd., challenging the order dated 10th February, 2025, passed by the Consumer Grievance Redressal Forum (“CGRF”) in Complaint NO. 467/2024, titled as “Sadiya Usmani & Saida Salim Versus BSES Yamuna Power Limited”, wherein, directions had been given to the BSES Yamuna Power Ltd., to provide electricity connection in the aforesaid premises.

3. An additional Status Report dated 02nd August, 2025, has been filed on behalf of Municipal Corporation of Delhi (“MCD”) in W.P.(C) 7997/2025, relevant portions of which, read as under:

4. Perusal of the aforesaid Status Report shows that it is the clear stand of the MCD that a „No Objection Certificate‟ (“NOC”), for electricity connection cannot be given to a building which is without any sanctioned plan or in violation of the Sanctioned Building Plan.

5. This Court notes that vide order dated 10th February, 2025, the learned CGRF has directed BSES Yamuna Power Ltd., to give electricity connection to the petitioners herein in W.P.(C) 3629/2025, subject to completion of all the formalities and giving an undertaking that whenever MCD will take action against the illegal construction, the BSES Yamuna Power Ltd., is free to disconnect the electricity connection in the entire building. The relevant portion of the order dated 10th February, 2025, passed by the learned CGRF, reads as under:

6. Accordingly, considering the facts and circumstances of the present case, it is directed that the BSES Yamuna Power Ltd. shall grant a fresh electricity connection to the petitioners in W.P.(C) 3969/2025, in the property in question.

7. It is further directed that as and when the MCD takes any coercive action against the property in question, BSES Yamuna Power Ltd., shall be duly intimated. At the time of any demolition or sealing action undertaken by the MCD, the BSES Yamuna Power Ltd., shall duly follow the directions of the MCD and disconnect the electricity at that point of time.

8. Needless to state that the petitioners in W.P.(C) 3969/2025, shall comply with all the commercial and nodal formalities before electricity connections are granted to them. Further, the BSES Yamuna Power Ltd., shall be free to disconnect the electricity connection as and when such direction is given by the MCD, at the time of taking action against the unauthorized construction.

9. It is clarified that grant of electricity connections by BSES Yamuna Power Ltd., pursuant to order passed by this Court, shall not be construed by the MCD as violation of its circulars in this regard, by BSES Yamuna Power Ltd., in any manner.

10. With the aforesaid clarification and directions, the present petitions along with the pending applications are disposed of. MINI PUSHKARNA, J SEPTEMBER 24, 2025