Smt. Shama v. B.S.E.S Yamuna Power Ltd & ANR.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2862/2024 &CM APPL. 11777/2024 (for interim relief) SMT. SHAMA ..... Petitioner Through:

Mr. S. D. Ansari, Adv. (through VC) versus B.S.E.S YAMUNA POWER LTD & ANR. ..... Respondents Through:

Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 27.02.2024

O R D E R

CM APPL. 11778/2024 (Exemption from filing certified copies of the annexures and for replacing dim copies, if any) Allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) 2862/2024 1.

The present petition has been filed by the petitioner seeking that the respondents be directed to install a new electricity connection and provide the electricity supply at property bearing no.1133 (Part), Second Floor, Raqab Ganj, behind Delite Cinema, New Delhi-110002. 2.

The petitioner is stated to be in possession of the aforesaid property since long. It is contended that the petitioner applied for an electricity connection as far back as on 27.06.2021, however, the said application was not processed.

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3.

Learned counsel for the petitioner submits that there is no impediment in providing an electricity connection in the name of the petitioner at the premises in question.

4.

Learned counsel for the petitioner also draws attention to the order dated 25.08.2023 passed in W.P.(C) 11315/2023 and the order dated 19.02.2024 in W.P(C) 16649/2023, whereby in similar circumstances where this Court has passed necessary directions for grant of electricity connection. 5.

In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to apply for fresh electricity connection subject to the following directions:- i. The petitioner's application to respondent no.1 will be processed without insisting on a No Objection Certificate from the landlord/ owner.

ii. The petitioner will comply with all other codal and commercial formalities for a grant of a new connection.

iii. The petitioner will pay the arrears of consumption charges as demanded by the respondent no.1.

iv. In addition to the regular security deposit, the petitioner will deposit a sum of Rs.25,000/- as additional security deposit with the respondent no.1.

v. The petitioner will pay the current consumption charges in accordance with the bills raised by the respondent no.1 from month to month.

vi. The security deposit will not be adjusted against the demands for the current period, but will be refunded to the petitioner upon vacation of the premises, subject to adjustment of any arrears at that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

time.

vii. Respondent no.1 will be entitled to disconnect the electricity in the event of non-compliance with any of the above conditions. 6.

The aforesaid directions are passed without prejudice to the rights and contentions of the petitioner and the respondent no.1 in any civil proceedings. The order shall not be treated as having conferred any special equities or indicated any ownership, tile or possessory rights in favour of the petitioner.

7.

Upon the application being filed by petitioner, the same shall be processed expeditiously by the respondent no.1, preferably within a period of 2 weeks.

8.

The present petition, alongwith pending application/s, stands disposed of accordingly.

SACHIN DATTA, J FEBRUARY 27, 2024/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.