Mere Pendency Of Title Suit No Ground To Disentitle Person From Obtaining Electricity Connection When In Possession Of Property: Delhi High Court

The Delhi High Court has observed that mere pendency of a Title Suit would not be a ground to disentitle a person from obtaining an electricity connection in their name, particularly, in view of the fact that such person is in possession of the subject property.

Justice Sanjeev Sachdeva was dealing with a plea seeking a direction to BSES Rajdhani Power Limited to grant a fresh electricity connection in the name of either of the two petitioners at a shop in property in question.

It was submitted by the petitioners that since there was an ongoing dispute with the family members of the petitioners, a Suit for partition was filed by petitioner No.1.

It was argued that even though there was an interim order in favour of the petitioner No.1 protecting the possession, the electricity supply was disconnected at the behest of defendants to the suit.

It was submitted that an application was made by Petitioner No. 2, son of Petitioner No. 1, for grant of a fresh electricity connection, however, the same was rejected on the ground that there was an ongoing title dispute and court case pending in respect of the said property.

It was submitted that since petitioner No.2 was the son of petitioner No.1 and was running the shop from the said premises, petitioner No.1 had given a 'No Objection Certificate' in favour of respondent No.2 for obtaining an electricity connection in his name.

Allowing the plea, the Court said:

"It is not in dispute that petitioners are in possession of the subject property. Mere pendency of the Civil Suit would not be a ground to disentitle the petitioners from obtaining an electricity connection in their name, particularly, in view of the fact that the petitioners are in possession of the subject property."

The Court directed BSES Rajdhani Power Ltd. to grant an electricity connection to the petitioners, subject to petitioners complying with the requisite codal and financial formalities for grant of an electricity connection.

"It is clarified that the grant of electricity connection in favour of the petitioners would not amount to acknowledgement of any right in favour of the petitioners and shall also not grant any special equity in favour of the petitioners and the same would be without prejudice to the Rights and contentions of the Defendants in the Suit filed by the Petitioner No. 1," the Court ordered.

Accordingly, the plea was disposed of.

Case Title: SHRI ASHOK PANWAR & ANR v. BSES RAJDHANI POWER LIMITED & ANR

Citation: 2022 LiveLaw (Del) 182

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