JAISHREE MANCHANDA Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) With the consent of the parties writ petition is taken up for disposal.

(2.) Petitioner assails the order rearing No.10/3537/O/w dated 14.11.1996 rejecting her application for grant of regular electric connection on the ground that the premises basement-12, Central Lane Bengali Market was being used for purposes other than permissible.

(3.) Facts as given in the petition may briefly be noted: (i) Petitioner having completed the prescribed course in theory and practice of electrolysite, is, qualified to teach and practice the same. She held an Aestheticienna Diploma from the International herapy Examination Council. (ii) The petitioner had initially taken or rent basement at 12, Central Lane, Bengali Market, New Delhi, which she subsequently purchased by entering into 4 agreements with the joint owners for purchase of 500 sq.ft. totalling 200 sq.ft. (iii) Petitioner has been running her business and carrying in the trade by way of running a school of electrolysis and clinic for practical purposes 'in the name and style of "Berkowits American School of Electrolysis" in the premises. SOITie Of her employees staff and sub-staff are also residing in the basement after business hours and hold Ration Cards. (iv) Petitioner was initially getting electric supply through electric connection bearing K .No'76142 - Electric supply to this connection number was disconnected on 28.2.1991. As per the petitioner, electricity supply was disconnected on account of/misuse of the same for commercial purposes. (v) Petitioner was thus constrained to file CW No.1378/91, wherein interim protection was granted to the petitioner. A direction for grant of temporary connection to the petitioner was also issued on 27.5.1991. The said writ petition was disposed of vide orders dated 30.9.1996, requiring her to make an appropriate application to the NDMC for sanction of electric connection to the basement within a period of 2 weeks. NDMC was required to take a decision thereon and communicate the same to the petitioner (vi) In the event the petitioner submitted her application, which was rejected by the NDMC vide the impugned order/ No.IO/3537/O/W dated 14.11.1996.