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Delhi High Court - Orders

Bses Yamuna Power Ltd vs The Commissioner South Delhi Municipal ... on 3 June, 2021

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                      $~15
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +      W.P.(C) 5747/2021
                                             BSES YAMUNA POWER LTD                               ..... Petitioner
                                                      Through:     Mr. Sudhir Nandrajog, Senior Advocate with
                                                                   Mr. Buddy Ranganadhan, Mr. Anupam Varma,
                                                                   Mr. Nikhil Sharma and Mr. Aditya Gupta,
                                                                   Advocates.
                                                            versus

                                             THE COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION
                                             & ORS.                                           ..... Respondents
                                                      Through:     Mr. Rakesh Mittal, Standing Counsel,
                                                                   SDMC/R-1 to 3.
                                                                   Mr. Aditya P Khanna, Advocate for R-4 & 6.
                                                                   Mr. Arvind Kumar Gupta, Advocate for
                                                                   DERC/R-5.
                                             CORAM:
                                             HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                            ORDER

% 03.06.2021 CM APPL. 18024/2021 (for exemption to file notor ized affidavits and Cour t fees) Exempted, subject to filing notarized affidavits and Court fees within one week of the lockdown being opened.

CM APPL.18025/2021 (exemption) Exemption is allowed subject to all just exceptions.

W.P.(C) 5747/2021 & CM APPL.18022-23/2021

1. The hearing was conducted through video conferencing.

2. Learned senior counsel for the petitioner submits that one of the Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:03.06.2021 Signing Date:03.06.2021 20:04:28 19:28 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

W.P(C) 5747/2021 1

issues arising in this petition is with regard to the claim of way leave charges which is also subject matter of several petitions which are pending before this Court.

3. Learned senior counsel has referred to order dated 20.07.2020 in W.P(C) 5293/2016 titled Tata Power Delhi Distribution Ltd vs. The North Delhi Municipal Corporation & Ors; order dated 08.12.2020 in W.P(C) 10006/2020 titled BSES Rajdhani Power Ltd vs. The Commissioner South Delhi Municipal Corporation & Ors and order dated 17.12.2020 in W.P(C) 10508/2020 titled BSES Yamuna Power Ltd vs. Commissioner North Delhi Municipal Corporation & Ors.

4. Issue notice. Notice is accepted by learned counsel appearing for respondent Nos.1 to 3 as also by counsel appearing for respondent Nos.4 & 6 and counsel appearing for respondent No.5. Counter affidavits be filed within six weeks. Rejoinder within three weeks thereafter.

5. List on 23.08.2021 along with the above referred connected petitions.

6. Accordingly, the interim reliefs granted in the above referred petitions shall also be available to the petitioner in respect of this petition.

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





                                                                                         SANJEEV SACHDEVA, J
                                            JUNE 3, 2021/rk



                                                                                                        Digitally Signed
Signature Not Verified                                                                                  By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                               SACHDEVA
MAGGU                                                                                                   Signing Date:03.06.2021
Signing Date:03.06.2021 20:04:28                                                                        19:28
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
                                      W.P(C) 5747/2021                                                                      2