Bses Yamuna Power Limited v. Smt. Pushpa & ANR.

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3676/2024 & CM APPL. 15151/2024 BSES YAMUNA POWER LIMITED .....Petitioner Through:

Mr. Moksh Arora with Ms. Mahima Bajaj, Advocates.

(M): 9999061836 Email: moksh@kdatta.in versus SMT. PUSHPA & ANR.

.....Respondents Through:

Mr. Manikant Singhal, Advocate for respondent no. 1.

Mr. Uday Seth with Ms. Puja Dewan, Advocates for respondent no. 2.

(M): 9718680536 Email: advudayseth@gmail.com Mrs. Avnish Ahlawat, SC, DTL with Mr. N.K. Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat and Mr. Amitoj Chadha, Advocates for respondent no. 2.

(M): 8851273736 Email: amitojchadha@ahlawatassociates.in

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 21.03.2025 1.

The present writ petition has been filed challenging the order dated 08th December, 2023, passed by the Consumer Grievance Redressal Forum in Complaint No. 410/2023.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The petitioner BSES Yamuna Power Limited, is aggrieved by the directions, in as much as the same are stated to be in contravention of the provisions of the Central Electricity Authority Regulations, 2023. 3.

It is the case of the petitioner, that the respondent no. 1 had applied for new electricity connection vide Request No. 8006604392, at premises bearing No. 12/435, Ground floor, Khasra No. 266/16, Lalita Park, Laxmi Nagar, Delhi-110092.

4.

The petitioner carried out an inspection of the subject premises on 19th October, 2023. As per the petitioner, it was found that the subject premises was under High Tension ("HT") line and requisite horizontal safety clearance distance, as mandated under the Central Electricity Authority Safety Regulations, 2023, and Electricity Act, 2003, has not been maintained by the respondent no. 1.

5.

This Court notes that vide order dated 08th January, 2025, this Court had directed that the officers of respondent no. 2, i.e., Delhi Transco Limited ("DTL"), will carry out inspection of the subject premises and take measurement of the distance of the property from the HT line. The said report was directed to be produced before this Court in a sealed cover. 6.

Today, learned counsel appearing for the DTL has handed over copy of the inspection report before this Court, which is taken on record. 7.

As per learned counsel appearing for the DTL, in terms of the order dated 08th January, 2025, joint inspection was carried out by the DTL along with respondent no. 1 on 13th January, 2025.

8.

As per the report produced before this Court, the distance of the house of the respondent no. 1 from the HT line is more than 3.7 meters, which is the minimum distance which is required from an HT line. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The sketch map showing the distance of the house of the respondent no. 1 from the HT line, as per the inspection of the DTL, is reproduced as under:

10.

Thus, this Court notes that the objection raised by the petitioner, with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

regard to the premises of the respondent no. 1 being under the HT line, is clearly not correct.

11.

Accordingly, the present petition is disposed of, with directions to the petitioner to comply with the directions, as given in the order dated 08th December, 2023, passed by the Consumer Grievance Redressal Forum. 12.

The respondent no. 1 is directed to complete all the requisite formalities, as indicated by the petitioner.

13.

The petitioner shall take expeditious steps for the purposes of grant of electricity connection to the respondent no. 1. 14.

Let the petitioner take steps in this regard, within a period of 10 days from today.

15.

The report, as submitted by the DTL, is taken on record 16.

With the aforesaid directions, the present writ petition is disposed of, along with the pending application.

MINI PUSHKARNA, J MARCH 21, 2025 c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.