No Bar On Electricity Supply To Properties Booked For Unauthorised Construction Until Sealing: Delhi High Court

The Delhi High Court has directed BSES Yamuna Power Limited, responsible for power distribution in the national capital, to supply electricity to properties booked for unauthorised construction, until MCD takes actual action against such properties.Justice Mini Pushkarna observed that often requisite action is not taken by MCD despite demolition orders having been passed and meanwhile, denial of electricity supply may lead to electricity theft and at times, threat to the safety of the people.The bench was dealing with a petition filed by BSES, challenging a Consumer Forum order asking it to grant connections to premises that have been booked for unauthorized construction.The Court observed,“There is no impediment with the petitioner company to grant or continue with electricity connection in the premises, where such premises are booked for unauthorized construction. However, as and when MCD takes any coercive action against such properties, which are booked for unauthorized construction, the MCD shall duly intimate the concerned electricity companies, in that regard. The electricity company shall be free to disconnect the electricity connection, as and when such request or direction is given by the MCD.”The High Court illustrated following instances wherein action is not taken by MCD despite booking a property for unauthorized constructions:When owners/occupiers of the properties obtain a stay order from the Appellate Tribunal MCD;When owners/occupiers of the properties file applications for regularization of the unauthorized construction;When the alleged unauthorized construction is protected by the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011;When there are procedural lapses in booking property, like non-service of the Show Cause Notices, etc., and the matters are remanded back to the MCD for considering afresh;When coercive action is not possible due to non-availability of police force or on account of stiff resistance from the general public;“Thus, in such circumstances, where properties remain occupied by various residents, this Court finds no error in the direction of the CGRF to grant electricity connection in the meanwhile, pending action against such unauthorized construction,” the Court held.It added,“This Court cannot be oblivious to the fact that when properties are occupied and no electricity connection is granted, there may be unauthorised use of electricity. In such cases, the unauthorized use of electricity leads to cases of electricity theft, which ought to be curtailed…any instance of electricity theft and unauthorized use of electricity, would also lead to unwarranted and avoidable threat to the safety of the people.”Appearance: Mr. Sandeep Sethi, Sr. Adv.with Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. Simran Kohli, Mr. Varun Chandhiok and Ms. Riya, Advs. for BSES; Mr. Kshitiz Mahipal and Ms. Khairun Nisa, Advs. Mr. Anirudh Dusaj, Adv. for R-3 Mr.Vikrant N. Goyal, Mr. Piyush Wadhwa, Mr. Harsh Kumar Singh and Mr. Kunal Dixit, Advs. for MCDCase title: BSES Yamuna Power Limited v. Bhagwanti & Anr.Citation: 2025 LiveLaw (Del) 1549Case no.: W.P.(C) 7618/2023Click here to read order

No Bar On Electricity Supply To Properties Booked For Unauthorised Construction Until Sealing: Delhi High Court

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