The Delhi High Court has directed BSES Yamuna Power Limited (Respondent No. 2) to process an application for a fresh electricity meter without insisting on a No Objection Certificate (NOC) from the petitioner’s brothers. The Single Judge Bench of Justice Mini Pushkarna passed the order while disposing of a writ petition filed by a resident of Khichripur, Patparganj.
The legal issue before the Court was whether an electricity distribution licensee could insist on an NOC from other co-owners (the petitioner’s brothers) who were allegedly creating hindrances. The Court resolved the matter by directing the petitioner to file a fresh application and ordering BSES to process it without the NOC, subject to an inspection confirming the existence of a separate dwelling unit.
Background
The petitioner, Arvind Singh, approached the High Court seeking directions for the installation of a fresh electricity meter at his residence on the first floor of property No. 5/204, Khichripur, Patparganj, Delhi.
The petitioner submitted that his father was the original allottee of the subject premises. According to the petitioner, pursuant to an owner partition and mutual settlement, the first floor of the property was given to him, while his brothers (Respondent Nos. 3 to 5) reside on the ground floor.
The petitioner stated that he had previously applied for an electricity connection on June 12, 2018. However, Respondent No. 2 refused the installation due to objections raised by Respondent Nos. 3 to 5.
Arguments of the Parties
Petitioner’s Submissions: The counsel for the petitioner argued that the petitioner is a “permanent resident of the subject premises and is the legal and lawful co-owner/co-sharer”. It was submitted that the petitioner has been residing on the first floor for a long time, but the electricity connection was denied despite the respondents knowing that the brothers were “creating unnecessary hindrances”.
Respondent’s Submissions: In response, the counsel for BSES Yamuna Power Limited submitted that the previous application from 2018 was rejected because a deficiency letter dated June 12, 2018, had been issued. The counsel stated that at that time, “there was no kitchen and washroom available on the first floor, except a single room”. Therefore, as there was no dwelling unit, the connection was not granted.
Rebuttal: The counsel for the petitioner countered this by submitting that “there is a kitchen and a washroom now on the first floor and the same is being used by the petitioner along with his family members”.
Court’s Observations and Decision
Justice Mini Pushkarna noted the submission of Respondent No. 2 that since the last application was made in 2018, the petitioner must apply afresh.
The Court directed the petitioner to submit a fresh application to BSES Yamuna Power Limited within two weeks. The Court ordered:
“Upon the petitioner submitting an application before the respondent no. 2, the same shall be processed by the respondent no. 2, without insisting on any NOC from respondent nos. 3 to 5.”
The Court laid down the following conditions for the grant of the connection:
- The petitioner must comply with all codal and commercial formalities.
- The petitioner must pay arrears of consumption charges, if any are demanded by the respondent.
- In addition to the regular security deposit, the petitioner is directed to deposit a sum of Rs. 25,000 as an additional security deposit.
- The petitioner must pay current charges strictly in accordance with bills raised.
The Court clarified that the security deposit “will not be adjusted against demands for the current period, but will be refunded to the petitioner upon vacation of the premises, subject to any adjustment of any arrears at that time.”
Clarification on Rights: Regarding the nature of the order, Justice Pushkarna observed:
“The present order will not be treated as having conferred any special equities in favour of the petitioner or as indication of any ownership/title/possessory right in favour of the petitioner.”
Inspection Mandate: Furthermore, the Court directed BSES to inspect the premises before taking further action. The judgment states:
“The BSES Yamuna Power Limited shall inspect the premises in question and satisfy itself that the petitioner is residing in the premises in question, along with his family and using the same as a dwelling unit, before undertaking any further action.”
The petition was disposed of with these directions.
Case Details
- Case Title: Arvind Singh v. The State of NCT of Delhi & Ors.
- Case Number: W.P.(C) 17814/2025 & CM APPL. 76595/2025
- Bench: Justice Mini Pushkarna
- Citation: 2025:DHC:10989
