BSES YAMUNA POWER LIMITED vs SMT. PARVATI

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28.08.2025 + W.P.(C) 13159/2025 & CM APPL. 53919/2025, CM APPL. 53920/2025 BSES YAMUNA POWER LIMITED .....Petitioner Through: Mr. Moksh Arora and Mr. Santosh Ramdurg, Advocates Email: [email protected] versus SMT. PARVATI .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J: (ORAL) 1. The present writ petition has been filed seeking to set aside the order dated 29th January, 2025 passed by the learned Consumer Grievance Redressal Forum (“CGRF”), for BSES Yamuna Power Limited (“BYPL”), in complaint bearing no. 548/2024. 2. Learned counsel appearing for the petitioner submits that the learned CGRF has erred in passing the impugned order without appreciating the fact that the Regulation 62 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023 (“CEA Regulations, 2023”) provides that the licensee such as the petitioner must maintain a minimum vertical clearance of 2.5 meter and horizontal clearance of 1.2 meter from any accessible point for any flat roof, open balcony, varandah roof and lean-to-roof. Signature Not Verified Digitally Signed Page 1 of 2 By:HARIOM SHARMA Signing Date:29.08.2025 20:24:47 3. It is submitted that the learned CGRF has exceeded its jurisdiction while passing the impugned order, without appreciating the proper facts. 4. It is submitted that the learned CGRF failed to appreciate that the electricity pole was encroached upon by the respondent and the Aerial Bunched (“AB”) cable of the petitioner was found completely inside the subject premises, which is not only a safety and health hazard, but also a violation of Section 138 of the Electricity Act, 2003, read with Regulations 62 and 63 of the CEA, Reg