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High Court of DelhiW.P.(C)/3856/2026

Sagar v. Bses Yamuna Power Ltd. & ORS.

2026-03-25Hon'Ble Mr. Justice Amit Bansal3 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3856/2026 & CM APPL. 18878/2026 SAGAR .....Petitioner Through:

Dr. M.K. Gahlaut, Advocate.

versus BSES YAMUNA POWER LTD. & ORS.

.....Respondents Through:

Mr. Rishab Raj Jain, Mr. Shariove Hussain & Ms.

Kirti Garg, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 25.03.2026 CM APPL. 18878/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The present writ petition has been filed seeking a direction to the respondent/ BSES Yamuna Private Limited (hereinafter 'BYPL') to install a new electricity connection in the name of the petitioner at the Third (3rd) Floor of the property bearing no. 10315, Motia Khan, New Delhi-110055 (hereinafter 'subject property'), without insisting on an NOC from the respondent no. 3, or an ownership proof from the petitioner. 3.

It is stated that the petitioner had applied for a fresh electricity connection in his name for the subject property on 19th February, 2026, which has been rejected by the respondent/BYPL for lack of NOC from the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

owner of the property and non-submission of ID proof. 4.

Counsel appearing on behalf of the petitioner submits that the respondent no. 3 is the mother of the petitioner and there is an ongoing litigation between the respondent no. 3 and the petitioner, in respect of title of the subject property.

5.

The plaint in the suit filed on behalf of the respondent no. 3 has been rejected by the Trial Court, under Order VII Rule 11 of Code of Civil Procedure, 1908 vide order dated 15th October, 2025. The Trial Court noted in the said order that the petitioner was permitted to occupy the third floor as a licensee out of love and family obligation. 6.

Taking note of the aforesaid submissions, in my considered view, the petitioner cannot be denied the grant of an electricity connection. 7.

The Supreme Court, in Dilip (Dead) Through LRs. v. Satish & Ors. [Crl. Appeal No. 810/2022 decided on 13th May, 2022], held that electricity is a fundamental necessity of a person in possession of a property, regardless of any civil dispute as to the legality of their possession. 8.

Counsel for the respondent/ BYPL submits that the respondent is willing to grant a fresh electricity connection in the name of the petitioner subject to the petitioner fulfilling all necessary formalities. 9.

Accordingly, considering the submissions made before this Court, liberty is granted to the petitioner to approach the respondent/BYPL to apply for a fresh electricity connection in accordance with the applicable rules. The petitioner shall comply with all codal and commercial formalities for a grant of a new electricity connection.

10.

The respondent/BYPL shall process the said request based on its rules and regulations without insisting on any title documents from the petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

or issuance of NOC from the respondent no.3.

11.

It is made clear the this order shall not be treated as having conferred any special equities or indicated any ownership, title or possessory rights in favour of the petitioner.

12.

Accordingly, the present writ petition along with pending application is disposed of.

AMIT BANSAL, J MARCH 25, 2026 at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.