Babli Devi & ANR. v. Tata Power Delhi Distribution Limited & ORS.
$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4013/2024 BABLI DEVI & ANR.
..... Petitioners Through:
Mr. Sandeep Mandar, Mr. Nishant Kumar, Mr. Ajay Malik and Mr. Amit Kumar, Advs.
versus TATA POWER DELHI DISTRIBUTION LIMITED & ORS.
..... Respondents Through:
Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-1/TPDDC.
Mr.
Abhinav Sharma and Mr.
Mahender Shukla, Advs. for R-2 and 3 (through v/c)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 18.03.2024
O R D E R
CM APPL.16391/2024 (Exemption) Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 4013/2024 and CM APPL.16390/2024 (Stay) 1.
The present petition seeks a writ in the nature of mandamus, directing the respondent nos.1 and 2 to restore the electricity connections bearing CA Nos. 60003885245 and 60005109685, installed at property bearing No.2244/170, Ganesh Pura, Tri Nagar, Delhi-110035. 2.
It is averred in the petition that on 24.02.2024, the respondent no.2 along with Delhi Police conducted a raid at Gali No.170 and 175, Ganesh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Pur, Tri Nagar, Delhi-110035 which resulted in demolition of houses belonging to certain residents therein.
3.
It is submitted that the raids were occasioned on account of certain illegal dairies being operated in the area. It is contended by the petitioner that the petitioner has not been operating any dairy at all and yet, the electricity connection of the petitioner has been disconnected. 4.
It is pointed out that the mother of the petitioner no.2, who is aged about 90 years suffers from various ailments; one daughter of the petitioner no.2 is stated to be suffering from cardiovascular disease. It is further submitted that the son of the petitioner is also scheduled to appear in board examinations this year.
5.
In the circumstances, it is sought that the respondent no.1 be directed to immediately restore the electricity connection bearing CA Nos. 60003885245 and 60005109685, installed at property bearing No.2244/170, Ganesh Pura, Tri Nagar, Delhi-110035.
6.
Issue notice.
7.
Learned counsel, as aforesaid, appears and accepts notice on behalf of the respondents.
8.
Learned counsel for the MCD does not oppose the relief sought by the petitioner in the present petition.
9.
Learned counsel for the respondent no.1 submits that the disconnection of the aforesaid electricity connections was only in view of the action/s taken by the MCD.
10.
Considering the above submissions of learned counsel for the petitioner, and the stand of learned counsel for the MCD, the present petition is disposed of with a direction to the respondent no.1 to immediately restore The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the electricity connections bearing CA Nos.
60003885245 and 60005109685, installed at property bearing No.2244/170, Ganesh Pura, Tri Nagar, Delhi-110035.
11.
It is made clear that the restoration of the aforesaid electricity connections shall not be construed as inhibiting or restricting the right of the MCD to take appropriate action qua the property in question, if warranted under law on account of any misuse, unauthorized construction etc. 12.
At this stage, learned counsel for the respondent no.1 submits that the restoration of the aforesaid electricity connections shall be done forthwith subject to payment of re-connection charges by the petitioner and also subject to the petitioner taking further steps (after re-connection) to substitute its name. It is directed accordingly. 13.
The present petition along with the pending applications stands disposed of in the above terms.
SACHIN DATTA, J MARCH 18, 2024/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.