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High Court of DelhiW.P.(C)/16596/2024

Sanjay Kumar Chauhan v. Bses Rajdhani Power Ltd & ANR.

2024-12-03Hon'Ble Mr. Justice Prateek Jalan2 pages

$~73 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 16596/2024 SANJAY KUMAR CHAUHAN .....Petitioner Through:

Mr. Aman Shokeen, Mr. Abhishek Kukkar, Advocates.

versus BSES RAJDHANI POWER LTD & ANR.

.....Respondent Through:

Mr. Rishab Raj Jain, SC with Mr.

Sharique Hussain, Advocate for R1.

Ms. Avni Singh, Advocate for R-2 with Mr. Puneet Tiwari, Range Officer, South Forest Division.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 03.12.2024 W.P.(C) 16596/2024 & CM APPL. 70149/2024 (for interim relief) 1.

Further to the order dated 02.12.2024, Mr. Rishab Raj Jain, learned counsel for respondent No. 1 - BSES Rajdhani Power Ltd. ["BSES"], states upon instructions that BSES will restore the electricity connection of the petitioner, subject to the security deposit of Rs.49,500/-, during the pendency of proceedings before the Forest Settlement Officer ["FSO"]. 2.

At the request of Ms. Avni Singh, learned counsel for respondent No. 2 - Government of NCT of Delhi, it is clarified that such restoration of electricity will be entirely without prejudice to the proceedings before the FSO, which will proceed in accordance with law, in terms of the order W.P.(C) 16596/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:51:58

dated 28.08.2024 in W.P.(C) 11872/2024.

3.

The present order is not intended to confer any right upon the petitioner other than to enable him to avail of electricity connection during the period he remains in occupation of the property bearing No. C46, Khasra No. 216 min., Chhatarpur Enclave, Phase - II at Village Chhattarpur, New Delhi ("subject property"). This position is accepted by learned counsel for the petitioner as well. 4.

Ms. Singh raises an apprehension that, during the pendency of proceedings before the FSO, the electrification of the premises may enable the petitioner to dispose of the property to a third party. 5.

Learned counsel for the petitioner states that the petitioner has no such intention and assures the Court that status quo as to title, possession, nature, and character of the subject property will be maintained until the FSO proceedings are disposed of.

6.

The writ petition, alongwith the pending application, is disposed of with these directions. Mr. Jain clarifies that, in the event any further directions are issued to BSES by the Municipal Authorities for disconnection of electricity, BSES will act in accordance with law. PRATEEK JALAN, J DECEMBER 3, 2024 "Bhupi/JM"/ W.P.(C) 16596/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:51:58