DEVINDER KUMAR WADHWA Vs. DELHI ELECTRIC SUPPLY UNDERTAKING

JUDGEMENT

(1.) An important question which arises for consideration in this case is whether the occupants of premises which have not been constructed according to any sanctioned plans and are, in a sense, unauthorised, are entitled to demand electricity connection from D.E.S.U.

(2.) Briefly stated, the facts are that a building known as B-5, Rajindra Park, Pusa Road, New Delhi was a property situated on land measuring 1250 sq. yards. This property was owned by Om Prakash Gupta and Neelam Gupta and by sale deed dated 4th December, 1981 it was sold to M/s. Ashoka Builders & Contractors, a partnership firm, respondent No. 3 in this petition.

(3.) On 6th May, 1982 application was filed with the Municipal Corporation of Delhi for sanctioning of the building plans for erection/construction of residential building consisting of a basement for domestic storage, additions and alterations on ground floor, first floor and barsati. The Application for the sanction plans was made not by respondent No. 3 but by the erstwhile owners, namely, Neelam Gupta and O. P. Gupta. On 14th July, 1982 these plans were sanctioned on the basis of undertakings and statements furnished by 0. P. Gupta and Neelam Gupta.