S C GARG Vs. D E S U

JUDGEMENT

(1.) This judgment will dispose of CWP Nos. 2191/93 and 2192/93. In the first petition the premises in dispute where electricity connection is desired by the pe'i*ioners is Flat No. 105 allegedly owned by them while in the second writ pe'ition. it is fiat No, 102 under the tenancy of the petitioners. Both are located in E-55, Greater Kailash Part II, New Delhi. Petitioners claim to be owners of flat No. 105 vide registered sale deed dated 25-2-1991. They applied for grant of electricity connection to Delhi Electric Supply Undertaking (DESU for short) which refused to grant the same on 16-3-1993. Therefore, the prayer in the writ petitions is for issue of writ of mandamus. direction cr any other appropriate writ directing DESU to supply the electric connection in the aforesaid premises.

(2.) The stand of DESU in its counter affidavit is that the premises in which the electricity connection is sought by the petitioners is an un-authorised construction or a building under deviation. There fore, it is governed by Delhi Electricity Control Order. 1959 (DECO for short) besides Section 22 of the Indian Electricity Act, 1910. This Control Order is alleged to have been issued by the Chief Coniinissioner. Delhi in exercise of powers conferred under Section 22-B of India Electricity Act, 1910. The property belonging to the petitioners is alleged under deviation by SE(IV) M.C.D. vide his letter dated 13-7-1983 to DESU.

(3.) We have heard arguments advanced by learned counsel for the parties. There is no doubt that under Section 22 of the Indian Electricity Act, 1910. every person within the National Capital territory of Delhi is entitled, on an application, being prepared to pay minimum annual sum or any other amount for supply of electricity from DESU who in turn is under obligation as a Licensee to supply energy to every person including the petitioners. However, it also cannot be disputed that under Section 22B of the same Act, the State Government has power to pass an appropriate order for maintaining the supply of energy. As already stated above, the Chief Commissioner, Delhi issued the DECO. Clause 4C of this Order is as follows : "4C. Prohibition on the installation of connections in favour of unauthorised occupants Notwithstanding anything contained in any contract or agreement or in any license granted under the Act or in any requisition no licensee shall make fresh supply of energy I increase supply of energy in case of commercial/domestic or industrial load in favour of any consumer at any premises till the said consumer produces a completion certificate from the Municipal/Local Authority concerned or document of title in respect of such premises if he is the owner there of or produces a valid rent receipt/note or othen valid documentary proof of being the lawful occupant thereof. Provided that permanent electric connection may be provided to the occupiers of Government premises against the up- to-date receipt towards "damage for unauthorised occupation" executed by the Department of Rehabilitation without production of documentary proof of lawful occupation.