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IN THE HIGH COURT OF DELHI AT NEW DELHI

01.06.2010

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
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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.


Dasti.

June 01, 2010 KAILASH GAMBHIR, J.


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