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High Court of DelhiW.P.(C)/3449/2025

Chander Bhan Nayak v. Govt Of NCT Of Delhi & ORS.

2025-03-20Hon'Ble Ms. Justice Mini Pushkarna3 pages

$~89 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3449/2025 & CM APPLs. 16162/2025 & 16163/2025 CHANDER BHAN NAYAK .....Petitioner Through:

Mr. Neeraj Kumar Jha, Advocate with petitioner in person.

(M): 8825276304 Email: neerajjhaadv@gmail.com versus GOVT OF NCT OF DELHI & ORS.

....Respondents Through:

Ms. Rachita Garg with Mr. Agam Rajput, Advocates for respondent no.

1.

(M): 7838066417 Mr. Manish Srivastava with Mr. Moksh Arora, Advocates for respondent no. 2.

(M): 9999061836 Email: moksh@kdatta.in Mr. Sushil Sharma with Mr. Dinesh Singh Baghgoti, Advocates for intervenor.

(M): 9810008610

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 20.03.2025 1.

The present petition has been filed seeking directions to the respondent no. 2 to restore the electricity connection with respect to the premises, i.e., B-12, 3rd Floor, Saraswati Garden, New Delhi-110015, which The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has been discontinued by the respondent no. 2, in respect of CA No. 60008256244.

2.

Learned counsel appearing for the petitioner submits that the petitioner is the lawful tenant of the said premises since 2017, which is owned by respondent no. 3. It is submitted that the electricity connection of the premises was discontinued on 10th March, 2025. 3.

Learned counsel appearing for the respondent no. 2, i.e., Tata Power Delhi Distribution Ltd., on advance service, submits that the landlord has surrendered the electricity meter, on account of which, the electricity meter was removed and hence the electricity supply to the said premises, was disconnected.

4.

However, learned counsel appearing for respondent no. 2 submits that respondent no. 2 has no objection, if the electricity connection is restored today in the said premises. However, he submits that the petitioner would have to apply for a fresh electricity connection/meter. He hands over a copy of order dated 27th February, 2024, passed by this Court in the case of Ajay Mehra Versus BSES Yamuna Power Limited, W.P.(C) 2802/2024, in support of his submissions.

5.

After hearing the parties, this Court notes the submission of respondent no. 2, i.e., Tata Power Delhi Distribution Ltd., that the said respondent has no objection for granting a fresh electricity connection/meter in respect of the premises occupied by the petitioner as a tenant, i.e., property bearing no. B-12, 3rd Floor, Saraswati Garden, New Delhi-110015. 6.

This Court further notes that similar directions have been passed by this Court in the case of Ajay Mehra (supra), as relied upon by learned counsel appearing for respondent no. 2.

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

7.

Accordingly, the petitioner is permitted to seek a fresh electricity connection/meter, subject to the following directions: I. The petitioner's application to respondent will be processed without insisting on a No Objection Certificate from landlord. 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, if any, as demanded by the respondent.

IV. In addition to the regular security deposit, the petitioner will deposit a sum of Rs. 10,000/- as an additional security deposit with the respondent. V. The petitioner will pay the current consumption charges in accordance with the bills raised by the respondent 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 said premises, subject to any adjustment of any arrears at that time. VII. Respondent will be entitled to disconnect the electricity in the event of non-compliance with any of the above conditions. 8.

The present order has been passed without prejudice to the rights and contentions of the parties in any civil proceedings. This order will not be treated as having conferred any special equities or indicated any ownership, title or possessory rights in favour of the petitioner. 9.

Accordingly, the present petition, along with the pending applications, is disposed of, in terms of the above directions. MINI PUSHKARNA, J MARCH 20, 2025/c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.