AZRA Vs. STATE

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking an appropriate writ, order, or direction directing respondents No.2 and 3 to provide essential electricity supply to the petitioner and install a new electricity meter in the name of the petitioner on the second floor of the property bearing No.3418, Gali Maliyan, Bazar Delhi Gate, Darya Ganj, New Delhi-110002.

(2.) The case of the petitioner is that she has been residing on the second floor of the property in question for the past 3-4 years. She applied for a new electricity connection with the Respondent No. 3 on 28.08.2018. However, respondents No.2 and 3 have not acceded to the request to install a new electricity meter on the premise that the height of the property is higher than 15 meters.

(3.) Respondents No.2 and 3 have filed their counter affidavit. In the counter affidavit, it has been stated that the height of the building in question, for which new electricity connection has been applied for, is more than 15 meters. It is pleaded that in terms of the building Bye-Laws if the total height of the building is more than 15 meters then the occupier who applies for new electricity connection, has to give a fire clearance certificate as per Delhi Electricity Regulatory Commission (hereinafter referred to as the 'DERC') Guidelines. It is pleaded that within the building in question some of the other floors do have an electricity connection, however, notices for disconnection of these connections have been served on the said occupiers on 11.04.2019. It is further pleaded that there are large number of outstanding dues raised against the building in question, which in all, total Rs.6,14,153/- which are said to be pending. Reliance is placed on the judgment of the Supreme Court in the case of Paschimanchal Vidyut Vitran Nigam Ltd.& Ors. v. DVS Steels And Alloys Pvt. Ltd. & Ors ., (2009) 1 SCC 210 and BSES Rajdhani Power Ltd. v. Saurashtra Color Tones Pvt. Ltd .; AIR 2010 DEL 14 to contend that an electricity distributing company can refuse to supply electricity to the new purchaser of a premises, on account of the dues of the previous owner and the new owner of the premises can be compelled to clear the dues of the previous owner.