Arun Deep Sharma Vs Bses Rajdhani Power Ltd. and Anr.

The present writ petition has been filed inter alia seeking a direction to respondent no.1/BSES to install the electricity connection/meter in premises situated at Khasra No.24, 23, 22 5MIN, 6 MIN, Village Bijwasan, Near Salapur Khera, Delhi-110061 (hereinafter ‘subject property’).

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The petitioner, being a developer/builder, allotted plots in the subject property to various purchasers. One of the said plots was sold by the petitioner to one Mr. Swadesh Kumar. Mr. Swadesh Kumar had applied for a new electricity connection before the respondent no.l/BSES.

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However, the respondent no.l/BSES has refused to install the electricity meter, citing the restraint orders dated 31^st December 2021 and 6^th December 2024, passed by the office of SDM (Kapashera).

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Counsel appearing on behalf of the petitioner submits that denial of

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electricity connection on the basis of the aforesaid restraint order is unlawful and violative of the fundamental rights of the petitioner.

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Counsel for the petitioner has placed reliance on the judgment of Coordinate Bench of this Court titled as BSES Yamuna Power Limited v. Bhagwanti & Anr. & other connected petitions, 2025:DHC:10086 wherein the Bench had directed that electricity companies/distribution companies (DISCOM) should not create impediments in grant of electricity merely on the account of the fact that premises have been booked for unauthorised construction. However, as and when MCD takes coercive action against the properties, MCD shall duly intimate the concerned electricity companies, who shall then be free to disconnect the electricity connection.

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Pursuant to the aforesaid judgment, a circular dated 17^th November 2025 has been issued by GNCTD. The said circular is set out below:-

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Digitally Signed W.P.(C) 1962/2026 By:AARZOO Signing Da te:1 6.02.2026 11:53:40

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A similar issue came up before this Court in another writ petition, being W.P.(C) 12105/2025, titled as ‘ Mr. Bhaya Prafull Kumar Singh & Ors. v. Govt. of NCT of Delhi & Ors. wherein the petitioners, being the occupants of properties situated in Revenue State of Village Bijwasan, Tehsil-Kapashera,

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District – South West Delhi, were denied electricity connection on the basis of the very same restraint order dated 6^th December 2024 passed by the SDM. Following the judgment in BSES Yamuna Power Limited (supra), this Court, by judgment dated 10^th February 2026, held that the restraint order cannot be the basis to deny electricity connection to the petitioners. The relevant extracts are set out below:-

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“16. In the judgment passed by a Coordinate Bench on 13^th November 2025 in W.P.(C) 7618/2023 titled as BSES Yamuna Power Limited v. Bhagwanti & Anr. and other connected writ petitions, it has been held that even in instances where a property has been booked for unauthorized construction, there can be no impediment upon the occupants of such property with respect to grant of electricity connections. It was further clarified that as and when MCD takes coercive action against such properties, the MCD shall duly intimate the concerned electricity companies in that regard .

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17. The rationale behind the aforesaid directions is equally applicable in the present case. Till the time the respondents take coercive/ demolition action against the properties of the petitioners, BRPL cannot deny them the grant of electricity connections.

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18. Accordingly, a direction is issued to the respondent no.4/BRPL that they shall not deny electricity connections to the petitioners on the basis of the restraint order passed by SDM (Kapashera) on 6th December, 2024.

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19. However, taking into account the deficiencies pointed out by the respondent no.4/BRPL, the petitioners shall apply afresh to the respondent no.4/BRPL for grant of electricity connections. The said application shall be decided in an expeditious manner by the respondent no.4/BRPL in accordance with its policies/guidelines.”

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(Emphasis supplied)

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In light of the judgments passed by this Court and the aforesaid circular issued by GNCTD on 17^th November, 2025, the electricity distribution companies cannot deny the grant of electricity connection on the basis of the

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general restraint orders passed by the SDM.

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Accordingly, the present writ petition is disposed of directing the respondent no.1 to grant electricity connection to the petitioner in accordance with law and while disregarding the restraint orders dated 31^st December 2021 and 6^th December 2024 passed by the SDM.

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A direction is also issued to the respondent no.1./BSES and other DISCOMs operating in Delhi that they should sensitise their staff with regard to the judgments passed by this Court and circular issued by GNCTD on 17^th November 2025 so that parties are not denied electricity connection on the basis of restraint orders passed by the SDM.

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AMIT BA�SAL, J

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FEBRUARY 11, 2026 ds

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Arun Deep Sharma v. Bses Rajdhani Power Ltd. and Anr.

Case brief

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Arun Deep Sharma v. Bses Rajdhani Power Ltd. and Anr.

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