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High Court of DelhiW.P.(C)/1435/2017

Ram Wati v. Govt Of NCT Of Delhi And ANR

2017-02-17Hon'Ble Mr. Justice Manmohan3 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1435/2017 RAM WATI ..... Petitioner Through Mr.Sushil Kumar Jain, Advocate.

versus GOVT OF NCT OF DELHI AND ANR ..... Respondents Through Mr.Devesh Singh, ASC for GNCTD with Mr.Vinod Kumar Bhati, Advocate.

Mr.Puneeth K.G., Advocate for R2/BSES.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 17.02.2017 Present writ petition has been filed seeking a direction to the respondents to grant electricity connection in premises bearing No.G170, Harkesh Nagar, New Delhi, in petitioner's name. It has been averred in the petition that though on 03rd October, 2016, the petitioner applied for electricity connection along with all the documents, yet vide letter dated 06th October, 2016, the respondent No.2-BSES rejected the petitioner's application on the ground no documents were provided during site visit on 05th October, 2016 and dues were still outstanding.

Learned counsel for the petitioner states that despite approaching respondent No.2-BSES with all the documents, no action has been taken till date. He further states that petitioner's sons who

are the owners of the aforesaid property have given no objection certificate by way of affidavits.

Issue notice.

Mr.Devesh Singh, ASC accepts notice on behalf of respondent no.1 and Mr.Puneeth K.G, Advocate accepts notice on behalf of respondent no.2/BSES.

Learned counsel for respondent no.2/BSES states that there was a property dispute between the family members, which has recently been settled. He further states that in view of the said settlement, the respondent has no objection to grant of the electricity connection to the petitioner subject to her clearing all outstanding dues as well as complying with all other commercial formalities. In view thereof, this Court disposes of the present writ petition and directs the respondent to grant a fresh electricity connection to the petitioner, subject to the following directions:- (i) The petitioner shall clear all outstanding electricity dues a well as comply with the all procedural and commercial formalities within a period of one week.

(ii) The petitioner is also directed to deposit the amount of Rs.5000/- with the respondent as additional security deposit. (iii) On the completion of aforesaid conditions/formalities, the electricity connection shall be granted to the petitioner within 48 hours.

(iv) The petitioner will continue to pay consumption charges as raised by the respondent every month. The security charges will not be adjusted against payment of current dues.

(v) The security amount will be refunded to the petitioner without interest, if and when the petitioner either vacates the premises or surrenders her connection.

(vi) The respondent will be entitled to disconnect electricity connection in case the current dues are not paid. With the aforesaid directions, present writ petition stands disposed of.

Order dasti.

MANMOHAN, J FEBRUARY 17, 2017 KA