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Delhi High Court - Orders

Bses Yamuna Power Limited vs Harjit Singh & Anr on 21 December, 2023

Author: Prateek Jalan

Bench: Prateek Jalan

                                          $~17
                                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          +           W.P.(C) 16545/2023 & CM APPLs. 66663-66664/2023

                                                      BSES YAMUNA POWER LIMITED                 ..... Petitioner
                                                                   Through: Mr. Manish Srivastava, Mr. Moksh
                                                                            Arora, Mr. Santosh Ramdurg &
                                                                            Mr. Yash Srivastava, Advocates


                                                                                                        versus

                                                      HARJIT SINGH & ANR.                                                          ..... Respondents
                                                                    Through:                                     Mr. Pritish Sabharwal, Advocate
                                                                                                                 for MCD
                                          CORAM:
                                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                                                         ORDER

% 21.12.2023

1. Issue notice. Mr. Pritish Sabharwal, learned counsel, accepts notice on behalf of respondent No. 2- Municipal Corporation of Delhi ["MCD"]. Notice may be served upon by respondent No. 1 by all permissible modes, dasti in addition.

2. The petitioner -BSES Yamuna Power Limited has filed the present petition under Article 226 of the Constitution of India against an order of the Consumer Grievance Redressal Forum ["CGRF"] dated 26.07.2023, directing it to be release an electricity connection in the premises of respondent No. 1 at Flat No.1101, Plot No. 4, Vikrant Tower, Rajendra Place Metro Station, New Delhi-110008.

3. It is the contention of Mr. Manish Srivastava, learned counsel for W.P.(C) 16545/2023 Page 1 of 2 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 23/12/2023 at 02:44:55 the petitioner, that the order of CGRF requires the petitioner to deviate from a specific direction given to it by MCD vide letter dated 14.09.2022.

4. By the said letter, MCD directed the petitioner to disconnect electricity and water connection of various buildings which had not complied with the directions for retrofitting of the building to make them seismically and structurally stable. Vikrant Tower, Rajendra Place, New Delhi is one of the buildings in the list enumerated with the said communication.

5. Mr. Sabharwal, who appears on advance instructions, states that MCD remains opposed to grant of the connection in Vikrant Tower in view of the factors mentioned above.

6. Counter affidavit be filed within four weeks. Rejoinders thereto, if any, be filed within two weeks thereafter.

7. List on 04.04.2024.

8. In the meanwhile, the operation of the impugned order of CGRF dated 26.07.2023 shall remain stayed.

PRATEEK JALAN, J DECEMBER 21, 2023 'sa'/ W.P.(C) 16545/2023 Page 2 of 2 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 23/12/2023 at 02:44:55