Indrawati Devi vs BSES Yamuna Power Ltd And Ors

Mini Pushkarna, J

The present writ petition has been filed seeking directions to the respondent-BSES Yamuna Power Limited to grant electricity connection at the property bearing No. T-661/A-2, Third Floor, Gali No. 21, Hanuman Mandir, Baljeet Nagar, Prem Nagar, Patel Nagar, Central Delhi, Delhi-110008.

Learned Senior Counsel for the petitioner draws the attention of this Court to the Annexure P 7 attached with the present petition, i.e., judgment dated 13th November, 2025, passed by this Court in W.P.(C) 7618/2023 and submits that the petitioner is entitled for electricity connection, as there is no requirement of No Objection Certificate (“NOC”) from the Municipal Corporation of Delhi (“MCD”), in case, there is any unauthorized construction in the property in question.

Issue notice. Notice is accepted by learned counsels for respondent nos. 1, 2, 3 and 5.

Learned counsel for respondent no. 1-BSES Yamuna Power Limited submits that respondent no. 1 has no objection to the grant of fresh electricity connection to the petitioner, provided, the petitioner applies afresh with regard to providing of electricity connection and complies with all the codal and commercial formalities for grant thereto.

Learned counsel for respondent no. 1 further submits that the previous application filed by the petitioner for grant of electricity connection already stands cancelled, on account of lapse of time.

Having heard learned counsels for the parties, this Court takes note of the order passed by this Court, i.e., 13th November, 2025 passed in W.P.(C) 7618/2023 and other connected matters, wherein, it has been directed as follows:

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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.

This  Court  also  takes  note  of  the  fact  that  where  such properties, wherein, electricity connections are not provided on account of various reasons, and the said properties are occupied, any instance of electricity theft and unauthorized use of electricity, would also lead to unwarranted and avoidable threat to the safety of the people.

Thus, considering the detailed discussion hereinabove, this Court is of the view that 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, at the time of taking action against the unauthorized construction in the properties in question.

Accordingly, at the time of any demolition or sealing action being undertaken by the MCD, the electricity company shall duly follow the directions of the MCD, and disconnect the electricity at that point of time.

It is further clarified that grant of fresh electricity connection or continuation of electricity connection in properties, which already stand booked for unauthorized construction, or are subsequently so booked for unauthorised construction, shall not be construed by the MCD as violation of the circulars in that regard, which are issued by the respective electricity companies.

The aforesaid practice directions shall be followed by the respective parties, so that requisite action for disconnection of electricity is taken by the electricity companies, pursuant to intimation by the MCD, at the time when actual action is taken by the MCD, for either sealing or demolition of such premises on account of unauthorised construction/encroachment/excess coverage.

Accordingly, it is directed that the electricity companies/Distribution Companies (“DISCOMS”), shall fully cooperate with the MCD and take requisite action for disconnection of the electricity, at the time when MCD is taking action against unauthorized construction/encroachment/excess coverage, for sealing or demolition of the said properties.

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(Emphasis Supplied)

Accordingly, considering the submissions made before this Court, it is directed as follows:

I.   Petitioner shall  submit  a  fresh  application for grant  of  electricity, within a period of one week from today.

II. The  petitioner  shall  comply  with  all  the  codal  and  commercial formalities as may be directed by the respondent no. 1.

III. Upon the petitioner complying with all the formalities and other directions, as may be issued by the respondent no. 1, i.e., BSES Yamuna Power Limited, the respondent no. 1 shall proceed to grant electricity connection to the petitioner expeditiously, preferably, within four weeks of receiving the application from the petitioner.

IV. Petitioner shall continue to deposit the current demand towards the electricity connection, as raised by respondent no. 1.

V. In case, the petitioner defaults in making payment towards the electricity dues as raised by respondent no. 1, respondent no. 1 shall be at liberty to take appropriate action in accordance with law.

With the aforesaid directions, the present writ petition, along with pending applications, is accordingly, disposed of.