High CourtsSingle Bench(2021) 05 DEL CK 0154

Parvaiz Ahmad Nagar vs Govt Of Nct Of Delhi & Ors

Delhi High Court · Decided on 25 May 2021

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3443 Of 2021, Civil Miscellaneous Application No. 10466 Of 2021

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Judgment

22 paragraphs · 406 words

Sanjeev Sachdeva, J

1.

The hearing was conducted through video conferencing.

2.

Petitioner seeks a direction to respondent No.3-Rajdhani Power Ltd. to accept the form of the petitioner for installation of new electricity meter in

his name at premises bearing No. S-10/14A, 3rd Floor Flat, Right Side, Khasra No. 428/260, Joga Bai Extension, Jamia Nagar, New Delhi 110025 and

to supply electricity to the petitioner.

3.

It is pointed out by learned counsel appearing for respondent No.3 that request for grant of electricity connection was rejected on 10.02.2021 on the

ground that the building height was 17.95 meters and electricity connection could not be granted without a fire clearance certificate in terms of the

directions of Delhi Electricity Regulatory Commission.

4.

Learned counsel for the respondent submits that after the filing of the petition, DERC has amended the principal order i.e. the Schedule of charges

and the Procedure (Sixth Amendment) Order, 2021 dated 15.04.2021, particularly Clause 2 of the same and inserted sub clause (3) and sub clause (4)

which provides that in case the total height of the building is more than 15 meters without stilt parking and more than 17.5 meters with stilt parking,

electricity connection can be released in the dwelling units which are within the height of 15 meters without stilt parking and within the height of 17.5

meters with stilt parking without insisting for fire clearance certificate.

5.

Petitioner has filed a certificate dated 15.05.2021 which certifies that the building has a stilt parking and the height of the subject floor of the

property is 49 ft. i.e. 14.93 meters. Said certificate has not been disputed.

6.

Since, the subject floor for which an electricity connection has been applied for by the petitioner falls within the height of 15 meters, the same is

covered by the amended clause 2 of the Schedule of charges and the Procedure (Sixth Amendment) Order, 2021 dated 15.04.2021.

7.

Accordingly, this writ petition is disposed of with a direction that on petitioner making an application in the form as prescribed by the amended order

dated 15.04.2021 and complying with the other financial and codal formalities, respondent BSES-Rajdhani Power Ltd shall grant the electricity

connection to the petitioner for the subject floor.

8.

The petition is disposed of in the above terms.

9.

Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.