SATISH VERMA Vs. D.V.B

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India seeks quashing of the orders dated 8.4.2000 and 12.4.2000 issued by the respondent directing disconnection of the electricity to the petitioner's Premises No. 175, Functional Industrial Estate, Patparganj, Delhi. The petitioner also seeks directions to the respondent to restore the electricity which was ordered to be disconnected on the ground that the Commissioner of Industries, Government of NCT of Delhi, the lessor, vide orders dated 4.2.1999 had terminated the lease of the plot in favour of the petitioner and had directed the petitioner to hand over the possession of the plot in question to it on the ground that there was a change in the trade and the plot had been sold/sublet.

(2.) THE petitioner alleged that the aforesaid industrial plot was allotted to him in the year 1991 on lease hold basis subject to the condition that the petitioner lessee could not sell, transfer, assign, sublet or part with the possession of the plot or any part thereof except with the permission-in writing of the lessor nor he could use the said plot for residence or for carrying on any trade or business other than that of manufacturing ready-made garments. The proviso however stipulated that the lessor could allow change of user on such terms and conditions, including payment of additional premium and additional rent, as the lessor may in his absolute discretion determine.

(3.) ON 8.4.2000 the respondent issued a notice to the petitioner that the supply would be disconnected after the expiry of 48 hours. The petitioner made a representation dated 10.4.2000 stating therein that a Civil suit against the cancellation of lease deed was pending in the Civil Court. However, on 12.4.2000 the respondent disconnected the supply of electricity to the petitioner's premises. The petitioner assailed the action of the respondent in regard to disconnection of electricity without any show cause notice pleading that it was arbitrary, illegal and in violation of principles of natural justice for the reason that the suit against termination of lease was still pending, premises were being used for commercial purposes and no proper show cause notice was given to him before disconnecting the electricity supply.