RAJEEV AGGARWAL Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The building known as 'Asha Deep' 9, Hailey Road, New Delhi, was constructed by M/s. Ansal & Seigal Properties Ltd. in 1970. It is a residential building and it has a basement. The petitioners are in occupation of different portions of the basement. They are using the portions in their occupation for business/office use. The New Delhi Municipal Committee (for short NDMC) granted two electric connections ; one for light and the second for power for the basement in 1971. The electric connections were only for domestic use.

(2.) On 20.7.87 a notice was given by the electricity deptt. of the NDMC to the estate manager of M/s. Ansal & Seigal Properties Ltd. alleging misuser of the electric connections. The misuser, inter alia, alleged was (i) unauthorised extension of electric connections at various offices and stores in the basement and (ii) misuse of electric connection due to overloading such as use of air-conditioners and is also being used for commercial purposes while the building is for residential purposes only and basement is meant for storage only.

(3.) M/s. Ansal & Seigal Properties Ltd. were required to remove the deficiencies within 48 hours failing which the electricity to the premises was to be disconnected. On 28-7.87 the electricity connections were disconnected. This has brought the petitioners to this court.