Devendra Singh v. The Bses & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11973/2025 with CM APPL. 48822/2025, CM APPL. 69842/2025 and CM APPL. 12012/2026 DEVENDRA SINGH .....Petitioner Through:

Mr. Bahar U. Barqi and Mr. Maroof Ahmad, Advocates.

versus THE BSES & ORS.

.....Respondents Through:

Mr. Sharique Hussain and Ms. Kirti Garg, Advocates for R-1/BSES.

Ms. Sweety Singh, Advocate for R2/GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 15.04.2026 1.

The present writ petition has been filed seeking a direction to the respondent to provide electricity connection at the premises of the petitioner at K-556, Second Floor, Khasra No. 556, Ghalib Road, Basti Dargah, Hazrat Nizamuddin, New Delhi- 110013 ('subject premises'). 2.

It is the contention of the petitioner that the petitioner has wrongfully been denied an electricity connection in respect of the subject premises, despite being entitled to the same in accordance with law. 3.

A counter-affidavit has been filed on behalf of respondent no.1/BSES wherein, it is stated that an inspection of the subject premises was carried out on 28th November, 2023 by a TF (Technical Feasibility) Engineer of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.1/BSES. In the said inspection, it was noted that there was no dwelling unit in the subject premises as the walls and the ceiling on the front side of the subject premises were broken. It is stated that the MCD has taken action against the unauthorised construction on the subject premises. There was no kitchen constructed in the subject premises. Photographs have been filed along with the counter-affidavit showing the current position of the subject premises.

4.

It is further stated that there were outstanding dues against the other electricity meters in the building.

5.

Mr. Bahar U. Barqi submits that insofar as pending dues are concerned, those pertain to other floors of the subject premises and the petitioner is not concerned with the same.

6.

It is further stated in the counter-affidavit that the aforesaid deficiencies were communicated by BSES to the petitioner on 29th November, 2023 and 9th December, 2023.

i.

Pursuant to the aforesaid communications, the petitioner filed a complaint before the Consumer Grievance Redressal Forum, BSES ('CGRF') on 22nd August, 2024. The CGRF dismissed the complaint stating that no direction can be passed for release of new electricity connection. Relevant paragraph 16 of the order passed by CGRF is set-out below: "Considering the aforesaid facts and circumstances of the case, the applied property is booked by the MCD on 09-10-2017 due to unauthorized construction at the ground floor, first floor and the second floor and effective till date, there is ownership dispute regarding Khasra No. 556. Hon'ble Delhi High Court taking its cognizance of illegal and unauthorized construction has directed to MCD to ensure that enquiry are set up and responsibility is fixed for large scale of illegal and unauthorized construction in Nizamuddin West as well as transfer of investigation of the FIR registered by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

local police to CBI, at the time of first site visit by the official of the respondent finding demolished construction of the applied premises and as per de-sealing order direction for maintaining status quo. We are of the considered opinion that we cannot direct the respondent to release the applied new electricity connection, to Mr. Devendra Singh at the applied premises bearing no K-556, Second Floor, Khasra No. 556, Ghalib Road, Basti Dargah, Hazrat Nizamuddin, New Delhi110013 )." ii.

Thereafter, the petitioner filed an appeal before the Ombudsman, NCT of Delhi. The Ombudsman dismissed the appeal vide its order dated 3rd April, 2025 and upheld the order passed by CGRF. The relevant paragraph 11 of the said order passed by Ombudsman is set out below: "11. In the light of the above, this court directs as under: (i) The appeal is dismissed as devoid of merit, and the order passed by CGRF is upheld. For release of the requisite connection, a NOC from MCD in favour of applied portion of the building should be obtained by the Appellant along with ownership documents with complete chain.

(ii)A review be undertaken by a Committee constituted by CEO to ascertain the circumstances under which the electricity connections were provided in Khasra No. 556, Nizamuddin West, which is claimed by Waqf, DDA to be their land or the claim of the Archeology Survey of India that no construction could be undertaken in the vicinity of protected monuments. The result of review by the Committee also be shared with this office.

(iii) The above Committee may also recommend appropriate action against the connections released to unauthorized structures/buildings, prior to December, 2017, in the light of judgment by the Delhi High Court in 'Parivartan' case.

7.

A perusal of the photographs filed along with the counter-affidavit (at page nos.200 and 201) clearly demonstrate that the front side of the building stands completely demolished. Further, the photographs (at page nos.202 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and 203) show that there is no separate kitchen in the subject premises and there is only a slab kept with a gas stove.

8.

In view of the above, the present writ petition is dismissed as the subject premises, in its present state, is not in a fit condition for grant of an electricity connection.

9.

Liberty is given to the petitioner to approach the respondent no.1/BSES for grant of a fresh electricity connection after the subject premises has been rebuilt along with a proper kitchen. 10.

Upon such application being made, the respondent no.1/BSES shall consider the same in accordance with applicable rules and regulations. 11.

All pending applications stand disposed of.

AMIT BANSAL, J APRIL 15, 2026 Rzu The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.