Present: Mr.Jitendra Bhardwaj, Advocate for the petitioner.
Mr. Sanjeet Kumar Trivedi, Advocate for the respondent No.5/BSES.
W.P(C) No.3132/2010
By this petition filed under Article 226 of the Constitution of India,
the petitioner seeks directions to direct the respondents to restore the electricity supply to the petitioner or grant an independent electricity connection. Counsel appearing for the petitioner submits that the petitioner submits that the petitioner is a tenant in respect of premises bearing No.D-95, Gali No.4, Laxmi Nagar, Delhi-110 092 wherefrom he is running tailoring and drapping business. Counsel further submits that the petitioner was inducted as a tenant by late Smt.Sumandri Devi who had already expired, leaving behind the respondents as the legal heirs. Counsel further submits that due to dispute between the parties, the electricity supply of the petitioner was disconnected by these respondents on 20.02.2009. Counsel further submits that the petitioner has applied to the respondents for grant of an independent electricity connection to the petitioner but the same was not accepted by the respondents on the ground that the same was not accompanied with a no objection certificate from the landlord. As a proof of tenancy of the petitioner, counsel has placed reliance on the suit for possession and recovery of damages filed by late Smt.Sumandri Devi against the petitioner. In para-4 of the plaint, counsel submits that the landlady has pleaded that the tenancy of the petitioner was oral in respect of the said shop. Counsel has also clarified in para-4 of the said plaint that the municipal number has been wrongly mentioned as B-95 which, in fact, is D-95. Counsel appearing for the respondent, on the other hand, submits that the petitioner is not entitled to the grant of any independent electricity connection in view of Annexure-I of Delhi Electricity Supply Code performance Regulations. I have heard the counsel for the parties. The petitioner has claimed himself to be a tenant in respect of D-95, Laxmi Nagar, Delhi under the present respondents. The petitioner has already filed a suit under Section 45 of the Delhi Rent Control Act seeking restoration of the electricity connection, which as per the petitioner, was disconnected by late landlady Smt.Sumandri Devi. In the said circumstances, the petitioner had approached the respondents for grant of an independent electricity connection. The said independent electricity connection, as per the counsel for the http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=98366&yr=2010 1/2 9/9/2014 delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=98366&yr=2010
respondents, cannot be granted to the petitioner in view of Annexure-I of the
Delhi Electricity Supply Code performance Regulations. The electricity being an essential amenity cannot be denied to the petitioner simply because of the fact that the petitioner is not in a position to obtain no objection certificate from the landlord with whom he is in litigation. Taking into consideration the aforesaid circumstances, I direct the respondent No.5 to grant an independent electricity connection to the petitioner subject, however, to the fulfillment of all other requirements and conditions by the petitioner. Let the petitioner file a fresh application with the respondents for grant of an independent electricity connection in his favour and along with the said application the petitioner shall annex all the relevant documents. The said application of the petitioner shall be entertained by the respondents without insisting the petitioner to obtain/file no objection certificate from the landlord or any documentary proof in the shape of rent receipt or rent agreement. The independent electricity connection shall be granted by the respondents to the petitioner on the fulfillment of all other commercial formalities by the petitioner. The petitioner shall furnish his permanent address to the respondent. The petitioner shall notify the respondent at least one month in advance before vacating the said premises. The petitioner shall also clear all his outstanding electricity dues before vacating the said premises.
With the above directions, the present petition is disposed of.