Whoever maliciously causes energy to be wasted or, with intent to cut off the supply of energy, cuts shall be punishable with imprisonment for a term which may extend to two years, or with fine: : High Court Of New Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 11.11.2021 W.P.(C) 2356 2021 REENU MALHOTRA ..... Petitioner STATE OF DELHI NCT AND ORS Respondents Advocates who appeared in this case: For the Petitioner: Mr. B.P. Singh Advocate For the Respondent: Mr. Sunil Fernandes Standing Counsel BSES RPL with Mr. Shubham Sharma Advocate for R 2 & 3 Mr. Dhruv Dwivedi & Mr. Shaikh Bakhtiyar Advocates for R 4 & 5 CORAM: HON’BLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA J.The hearing was conducted through video conferencing. Affidavit of service has been filed indicating that notice has been served on respondent no. 6. None appears for respondent no. 6 despite service. Petitioner seeks a direction to the respondent BSES RPL to install the new electricity connection for the to lift and stilt parking common area of the property bearing No. 17 Road No. 42 W.P.(C) 2356 2021 Punjabi BaghNew Delhi. Learned counsel for the petitioner submits that the electricity meter has been sanctioned however the same has not been installed for servicing the lift and the common areas. Learned counsel appearing for BSES RPL under instructions submits that he has no objection to installation of the electricity meter however objection was being raised by other co owners of the property. Learned counsels appearing for respondent no. 4 and 5 submit that there are civil disputes pending inter se the parties and petitioner is seeking to have rights established in the property by way of installation of an electricity meter. They further submit that the lift and common areas are being serviced by an existing electricity meter and there is no threat of disconnection of the said supply. Learned counsel appearing for the petitioner submits that the electricity is being provided from a meter installed at the second floor which is in possession of respondent no. 6 who does not even reside therein. He submits that there is an apprehension that the supply may be disconnected. In view of the fact that today there is no dispute that the lift and common areas are being serviced by an electricity connection though W.P.(C) 2356 2021 in the name of respondent no. 6 the grievance of the petitioner is premature. However in case the electricity supply to the lift or common areas is disconnected by respondent no. 4 to 6 or any one action on their behalf petitioner would be at liberty to approach BSES RPL in which case after due inspection and subject to completion of commercial and other formalities BSES RPL would install the electricity connection for the lift and common areas. It is further clarified that grant of the electricity connection if any the petitioner would not amount to accepting or acknowledging the right of the petitioner to the subject property and the same would be without prejudice to the rights and contentions of the parties and would have no bearing on the civil suits pending between the parties. 10. The petition is accordingly disposed in the above terms. 11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court NOVEMBER 11 2021 SANJEEV SACHDEVA J W.P.(C) 2356 2021 

Summary: Petitioner seeks a direction to the respondent-BSES-RPL to install the new electricity connection for them to lift and stilt parking area of the property, and the same issue was held in the judgement passed by a Single bench judge HON’BLE MR. JUSTICE SANJEEV SACHDEVA, in the matter REENU MALHOTRA V. STATE OF DELHI NCT AND ORS dealt with an issue mentioned above. In this case, the learned counsel for the petitioner submits that the electricity meter has been sanctioned, however, the same has not been installed for servicing the lift and the common areas, But according to the Learned counsel appearing for BSES-RPL under instructions, submitted that he has no objection to the installation of the electricity meter, however, the objection was being raised by other co-owners of the property. Meanwhile Learned counsels appearing for respondents no. 4 and 5 submitted that there are civil disputes pending inter-se the parties and the petitioner is seeking to have rights established in the property by way of installation of an electricity meter, and also there is no threat of disconnection of the said supply. Learned counsel appearing for the petitioner submitted that the electricity is being provided from a meter installed at the second floor, which owns respondent no. 6, who does not even reside therein. Later because today there is no dispute that the lift and common areas are being serviced by an electricity connection, though W.P.(C) 2356/2021 3 in the name of respondent no. 6, the grievance of the petitioner is premature, It was mentioned that the BSES-RPL would install the electricity connection for the lift and common areas. The court perused the facts and argument’s presented, it thought that- “It was further clarified that grant of the electricity connection, if any, to the petitioner would not amount to accepting or acknowledging the right of the petitioner to the subject property and the same would be without prejudice to the rights and contentions of the parties and would have no bearing on the civil suits pending between the parties. The petition is accordingly disposed of in the above terms”.