Grant of Electricity connection does not recognize the title to the said property: Delhi High Court
Grant of electricity connection would not confer any special equities in favour of the petitioner and would not be construed as conferring or recognizing the title of the petitioner to the said property or with regard to the identity of the said property. This was held by Hon’ble Justice Sanjeev Sachdeva in the case of Sanjana vs. BSES Yamuna Power Ltd. [W.P.(C) 7846/2021] on the 25th of August 2021, before the Hon’ble High Court of Delhi at New Delhi.
The brief facts of the case are, the Petitioner seeks a direction to the respondent to grant an electricity connection to the property of the petitioner being House No. 545, Baba Farid Puri, Patel Nagar, New Delhi. The petitioner has been residing in the subject property since her marriage in 2014. The counsel for the petitioner submitted that connection has not been provided on the ground that petitioner has applied for a connection for house No. 545, however, house of the petitioner is not 545. The counsel for the respondent however submits that, the house of the petitioner is right next to a Shiv Mandir which bears a number 515. He, however, concedes that the numbering in the area is not systematic. A rough site plan has been filed which has been prepared after an inspection which states that there is a property by the number 140/545 which is at a distance of about 60 meters from the site for which connection has been applied for. It was also submitted that, the exact number of the property of the petitioner could not be identified as there was no other indication except for the contention of the petitioner.
The learned judges heard the submissions of both the parties and observed that, complaint has been received on 28.07.2014 from the Shiv Mandir Charitable Trust contending that one Smt. Kaushalaya used to reside in the Mandir for cleaning the temple premises and her son along with his wife and children had started residing in the Mandir illegally and they are seeking to have an electricity meter installed. It was further observed that the petitioner has placed on record a ration card which has been approved by the Food Supply Officer on 15.10.2014 which also mentions the address as 545, Baba Farid Puri, West Patel Nagar. Voter ID Card of the petitioner has also been placed on record of the same address. Observing the documents placed on record, the judges concluded that There is no material placed on record by the respondent to counter this or to show that the property she is occupying bears some number other than house no. 545.
A Perusal of the documents filed along with the petition show that petitioner, her husband and children all have Aadhar Cards issued by the Government of India at the address House No 545, Baba Farid Puri, West Patel Nagar, Central Delhi. The petition was allowed by holding that, “In view of the above, Respondents are directed to grant an electricity connection to the petitioner subject to petitioner complying with the commercial and other formalities as per the rules. It is clarified that the grant of electricity connection or this order would not confer any special equities in favour of the petitioner and would not be construed as conferring or recognizing the title of the petitioner to the said property or with regard to the identity of the said property.”