Allowed

Kusum Lata v. Bses Yamuna Power Ltd.

Delhi HC9 May 2024W.P.(C)/6530/2024

Case brief

AI extract

What is this about?

This order allowed a writ petition seeking a direction for a new electricity connection without a No Objection Certificate from the landlord. The Court directed BSES Yamuna to process the application and complete the connection without insisting on a landlord's NOC, while clarifying that no possessory rights are recognized and security deposits are refundable upon eviction subject to dues.

What did the court decide?

Direction to respondent/BSES to process petitioner's application for fresh electricity connection without insisting on an NOC from the landlord.

Kusum Lata Vs Bses Yamuna Power Ltd. — Service and Employment | Delhi HC (2024)

¶1

$~82

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 6530/2024, CM.APPL. 27259/2024

¶4

KUSUM LATA ..... Petitioner

¶5

Through: Mr. Kshitij Mathur, Adv.

¶6

versus

¶7

BSES YAMUNA POWER LTD. ..... Respondent Through: Mr. Deepak Kumar Vijay and Mr. Shubham Shivansh, Advs. for BSES.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 09.05.2024 CM APPL. 27260/2024 ( Exemption from filing certified/original/legible copies of annx.)

¶10

Allowed, subject to all just exceptions.

¶11

The application stands disposed of.

¶12

W.P.(C) 6530/2024

¶13

By way of the present petition, the petitioner seeks a direction against the respondent for granting a new electricity connection in the name of the petitioner in subject premises i.e. Shop at property bearing no. 9/5000, Ground Floor, Kaushikpuri, Old Seelampur, Delhi-110031.

¶14

It is contended by the learned counsel for the petitioner that the petitioner was getting supply of the electricity through the electricity connection of the landlord which has now been discontinued by the landlord.

¶15

It is submitted by the learned counsel for the petitioner that the petitioner is constrained to approach this Court on account of rejection of request of grant of new electricity connection for want of NOC from the

¶16

This is a digitally signed order. 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 13/05/2024 at 11:53:56

¶17

landlord.

¶18

Learned counsel for the petitioner submits that grant of an NOC is not a pre-requisite for grant of a new electricity connection. In this regard, reliance is placed on the judgments/orders dated 11.01.2023 in W.P.(C) 17470/2022, 20.10.2023 in W.P.(C) 13926/2023 and 14.11.2022 in W.P.(C) 13217/2019.

¶19

In line with the directions passed in the aforesaid judgments/orders, it is directed as under:-

¶20

i. The petitioner shall make an application for grant of a fresh electricity connection in his/her name;

¶21

ii. The respondent/BSES shall process the petitioner’s application for providing fresh electricity connection forthwith without insisting on an NOC from the landlord;

¶22

iii. The petitioner shall comply with all the codal and commercial requirements of the respondent/BSES;

¶23

iv. The petitioner shall pay the consumption charges in accordance with the bills raised by the respondent/BSES from time to tile/till the time, he/she occupy the subject premises;

¶24

v. The petitioner shall not seek adjustment of the security deposit. However, on the petitioner vacating the premises or being evicted and surrender of the electricity meter, the petitioner shall be entitled to refund of the security deposit subject to adjustment of any dues of the respondent/BSES;

¶25

vi. The respondent/BSES shall be entitled to disconnect the electricity supply at the subject premises in case the petitioner fails to pay the electricity charges; and

¶26

This is a digitally signed order.

¶27

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 13/05/2024 at 11:53:56

¶28

vii. Upon a fresh application for grant of new electricity connection in the name of the petitioner being filed by the petitioner, the same shall be processed by the respondent/BSES expeditiously.

¶29

It is clarified that this order shall not be construed as recognizing any possessory rights of the petitioner with regard to the subject premises and is without prejudice to the rights and contentions of the parties. No special equities shall flow in favour of the petitioner because of this order.

¶30

The present petition, along with pending application/s, is disposed of in terms of the above directions.

¶31

SACHIN DATTA, J

¶32

MAY 9, 2024/r

¶33

This is a digitally signed order.

¶34

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 13/05/2024 at 11:53:56

Kusum Lata v. Bses Yamuna Power Ltd.

Case brief

What is this about?

What did the court decide?

Kusum Lata v. Bses Yamuna Power Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mohd. Rafi Vs Municipal Corporation of Delhi and Ors.

N Vs the Principal Secretary Health and Family Welfare Department & Ors.

Vinod Kumar Pandey Vs M/S General Industrial Company

Sanjay Raghunath Piplani and Anr. Vs National Buildings Construction Corporation Delhi and Anr.

Ashok Kumar Vs at Home India Pvt. Ltd. and Anr.

Swastik Traders Vs Commissioner of Vat and Anr.

Govt of NCT of Delhi and Ors. Vs M K Aggarwal and Ors.

Satwik Raj Vs Jawaharlal Nehru University and Anr.

Mohd. Rafi Vs Municipal Corporation of Delhi and Ors.

Siddhartha Chatterjee Vs Municipal Corporation of Delhi & Anr.

Mohit Setia & Ors. Vs Municipal Corporation of Delhi

Sanjiv Kumar Vashist Vs Municipal Corporation of Delhi through Its Commissioner & Ors.

South Patel Nagar 9 Block and Ranjit Nagar Residents Welfare Association Vs Union of India & Ors.

Dinesh Kumar Vs Municipal Corporation of Delhi & Ors.