Bimla Devi @ Vimla v. Tata Power Delhi Distribution Limited & ORS.
$~75and 78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6697/2024 and CM APPL.27919/2024 (Stay)
(75) BIMLA DEVI @ VIMLA ..... Petitioner 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 Srivatava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-1/TPDDL.
Mr. Sanjeev Sagar, SC along with Ms. Nazia Praveen, Adv. for MCD.
+ W.P.(C) 6753/2024 and CM APPL.28140/2024
(78) RAM MEHAR @ RAM MOHAN & ANR.
..... Petitioners Through:
Mr. Sandeep Mandar, Mr. Nishant Kumar, Mr. Ajay Malik and Mr. Amit Kumar, Advs.
versus TATA POWER DELHI DISTRIBUTION LIMITED & ANR.
..... Respondents Through:
Ms. Shreya Sethi, Adv. for R-1.
Mr. Sanjeev Sagar, SC along with Ms. Nazia Praveen, Adv. for MCD.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
O R D E R
% 13.05.2024 1.
The present petitions have been filed by the petitioners seeking the following reliefs:
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(i) Issue an appropriate writ in the nature of mandamus or any other appropriate writ directing the respondent no.1 to immediately restore the electricity of C.A Nos. 60008249355 and 60004206086 installed at property bearing no. 2354/175, Ganesh Pura, Tri Nagar, Delhi - 110035;
(ii) Issue an appropriate writ in the nature of mandamus or any other appropriate writ to stay the operations/effect of the letter dated 19.02.2024 of the officer of respondent no. 2 qua the electricity connection bearing C.A Nos. 60008249355and 60004206086 whereby request has been made to the respondent no.1 to disconnect the electricity connection;
(iii) Issue a Writ of Mandamus of any other appropriate writ, order of directions in the nature thereof directing the respondent no.1 and respondent no.2 to hold departmental inquiry against the concerned and erring officials of their concerned department, for illegally disconnecting the electricity of the petitioner (iv) Award compensation of Rs. 10,00,000/- (Rupees Ten Lakhs Only) in favour of the petitioner and against the respondent no.1 and respondent no.2 for the harassment and mental agony caused to them, (v) Cost of the petition also be awarded in favour of the petitioner and against the respondent no.1 and respondent no.2, and (vi) Any other or further relief which this Hon'ble Court may deem fit and proper also by passed in favour of the petitioner and against the respondent no.1 and respondent no.2."
2.
Vide the communication dated 19.02.2024 which has been impugned vide prayer (ii) of the present petition, the MCD intimated to the Dy. Commissioner of Police, District North-West, Ashok Vihar, that there are various illegal dairies being run from the area in question and therefore requisite assistance was sought for the purpose of a demolition drive that was scheduled in the area.
3.
It is consequent to the aforesaid action of the MCD that the electricity The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
connections of the petitioners' premises were disconnected. 4.
Learned counsel for the petitioners draws attention to the fact that vide representation dated 12.04.2024 addressed to the Dy. Commissioner of Police, District North-West, MCD, it has been informed that the property of the petitioners i.e., Plot No.2354/175, Ganesh Pura, Tri Nagar, Delhi110035 is used for residential purpose and the petitioners are in no way connected with the illegal dairies or any other work which is unlawful or which amounts to any misuse. Accordingly, it was submitted that the electricity connection of the petitioners' premises has been wrongly disconnected and the same is causing immense to the petitioners and her family members. It was also requested that necessary steps be taken to grant an NOC for restoration of the electricity connection qua the petitioners' premises in question.
5.
Learned counsel for MCD, who appears on advance notice submits that the property shall be jointly inspected along with respondent no.1 and if no misuse is found to be subsisting therein, immediate steps shall be taken to intimate the respondent no.1 for restoration of the electricity connection of the petitioners.
6.
It is assured and undertaken that the inspection shall be held within a period of one week from today and in case there is no impediment for restoration of the electricity connection of the petitioners, the necessary communication shall also be sent to the respondent no.1 immediately thereafter.
7.
Needless to say, the petitioners shall provide such undertaking/affidavit, as may be sought by the respondent no.1 or the respondent no.2 to ensure that there is no misuse of the property in question The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in future.
8.
With the aforesaid directions, the present petition is disposed of. SACHIN DATTA, J MAY 13, 2024/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.