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Krishna Devi v. Govt. of NCT of Delhi & Ors.

Delhi HC10 Mar 2025W.P.(C)/12750/2024

Case brief

AI extract

What is this about?

W.P.(C) 12750/2024, Krishna Devi v. Govt. of NCT of Delhi & Ors., Delhi High Court, Justice Jyoti Singh, decided 10.03.2025. Keywords: Article 226 Constitution of India; water and electricity connection; DJB; BSES; no objection certificate (NOC); disconnection restraint; Respondents No. 4 and 5; ownership dispute; Jeewan Park, Uttam Nagar; inspection pursuant to order dated 10.02.2025; petition disposed of.

What did the court decide?

Direction to Respondents No. 4 and 5 not to disconnect the water and electricity supply to the part of the property where the Petitioner resides at present; no direction issued to BSES or DJB as they had not disconnected the supplies. ¶19

Krishna Devi Vs Govt. of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner is entitled to a direction to DJB and BSES to provide water and electricity connections to the subject property without insisting on a no objection certificate from Respondents No. 4 and 5. +1 more

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Court's answer

There are ownership disputes with respect to property No. D2/71, Jeewan Park, Uttam Nagar, New Delhi, and there is no disconnection of either water or electricity by the statutory authorities.

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Ratio / Principle

On the Petitioner's modified submission, the writ petition is disposed of by directing Respondents No. 4 and 5 not to disconnect the water and electricity supply to the part of the property where the Petitioner resides; since BSES and DJB have not taken steps to disconnect the supplies, no direction is required to be passed to those authorities.

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Key takeaways

The order is passed without prejudice to the rights and contentions of the Petitioner and Respondents No. 4 and 5 in any litigation and will have no bearing on the ownership disputes.ratio¶24

Detailed headnote1 paragraphs

Writ petition under Article 226 by Krishna Devi seeking directions to DJB and BSES to provide water and electricity connections to property No. D2/71, Jeewan Park, Uttam Nagar, without insisting on a no objection certificate from Respondents No. 4 and 5. The Court found existing ownership disputes over the property and noted that neither BSES nor DJB had disconnected supply (one room lacked supply owing to faulty wiring to be repaired by the Petitioner). On the Petitioner's modified prayer, the petition was disposed of by directing Respondents No. 4 and 5 not to disconnect water and electricity supply to the portion where the Petitioner resides, expressly without prejudice to the parties' rights in pending litigation and without bearing on the ownership disputes.

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 12750/2024

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KRISHNA DEVI .....Petitioner Through: Mr. Sanjay Verma and Ms. Siddhi, Advocates.

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Versus

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GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Kumar Pathak, Standing Counsel with Mrs. K.K. Kiran Pathak, Mr. Sunil Kumar Jha and Mr. M.S. Akhtar, Advocates for R-1. Mr. Ajay Vikram Singh, Ms. Priyanka Singh, Mr. M. Aamir Faiyaz and Ms. Swati, Advocates for R-2 with Mr. Bijender Singh, ZRO and Mr. Rajeev Ranjan, ASO. Mr. Sharique Hussain, Advocate for R-3. Mr. Anil K. Bhasin, Advocate for R-4 and R-5.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH O R D E R

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% 10.03.2025

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This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking a direction to DJB and BSES for providing water and electricity connection respectively, without insisting on no objection certificate from Respondents No. 4 and 5.

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After hearing argument canvassed on behalf of Petitioner and Respondents No. 4 and 5, it is evident that there are disputes with respect to the ownership of property bearing No. D2/71, Jeewan Park, Uttam Nagar, New Delhi and that there is no disconnection of either water or electricity

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W.P.(C) 12750/2024

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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 17/03/2025 at 11:53:09

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connection by the statutory authorities.

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Learned counsel for BSES submits that there are four electricity meters in the subject property and pursuant to order dated 10.02.2025 passed by this Court, inspection was carried out, upon which it was found that BSES has not disconnected the electricity connection and there is supply of electricity to the entire house, save and except, one room on the first floor, which is on account of faulty wiring and this has to be repaired by the Petitioner, who lives in the room through a private electrician and BSES cannot be blamed for lack of electricity supply to this room.

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Insofar as the DJB is concerned, learned counsel for DJB submits, on instructions, that DJB has not disconnected the water supply to the subject property and the water meters are in the name of Respondents No. 4 and 5. In the absence of proof of occupancy by the Petitioner and other requisite documents, no separate water connection can be given to the Petitioner for the part of the property she statedly, resides in.

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At this stage, learned counsel for the Petitioner, on instructions, submits that Petitioner will be satisfied if a direction is given to DJB and BSES not to disconnect the water and electricity connections to the subject property as also to Respondents No. 4 and 5 and Petitioner will rectify internal issues of wiring etc., on her own.

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Having heard the counsels, this writ petition is disposed of, directing Respondents No. 4 and 5 not to disconnect the water and electricity supply to part of the property where Petitioner resides at present. BSES and DJB, as noted above, have not taken any steps to disconnect the supplies and therefore, no direction is required to be passed to the said authorities.

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