Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4104/2026 with CM APPL. 20084/2026 DALIP SINGH .....Petitioner Through: Counsel (appearance not given).
versus
BSES RAJDHANI POWER LIMITED
AND ORS. .....Respondents Through: Mr. Sharique Hussain and Ms. Kirti Garg, Advocates for BSES RPL
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 30.03.2026
1. The present writ petition has been filed seeking a direction to
respondent no.1/BSES to grant an electricity connection to the petitioner, who is a resident of the fourth floor of flat no. D-3/6B, Fourth Floor, Flat No-II, Gali No.3, Sangam Vihar, Delhi-110080 (hereinafter the ‘subject property’).
2. As per the deficiency letters issued by the respondent no.1/BSES, the
electricity connection has been denied as the petitioner has failed to produce a fire safety clearance that is required for buildings with height above 15 meters without stilt parking.
3. Mr. Hussain, counsel appearing on behalf of BSES has drawn the
attention of the Court to the Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017 (‘DERC
W.P.(C) 4104/2026 Page 1 of 3
Regulations’), in terms of which it is mandatory to obtain a fire clearance certificate in respect of a building having height of 15 meters without stilt
4. The relevant extracts of the Schedule of Charges and the Procedure
(Sixth Amendment) Order, 2021 dated 15th April 2021, issued with regard to implementation of the abovesaid DERC Regulations, are set out below: “4(1) In case the total height of such building is more than 15 meters without stilt parking and more than 17.5 meters with stilt parking, the distribution licensee shall:
(i) release the electricity connection in the dwelling units which are
within the height of 15 meters without stilt parking and within the height of 17.5 meters with stilt parking of the building, without insisting for Fire Clearance Certificate:
(ii) in the dwelling units which are above the height of 15 meters
without stilt parking and which are above the height of 17.5 meters with stilt parking of the building, the electricity connection shall not be provided unless the fire clearance certificate has been obtained:” (emphasis supplied)
5. A coordinate bench of this court has also passed an order dated 11th
August, 2023 passed in W.P.(C) 11446/2022 titled Shoaib Zafar v. BSES Yamuna Power Ltd. & Anr., wherein taking note of the aforesaid DERC Regulations, it has been held that a fire clearance certificate is required in respect of a building with a height of more than 15 meters without stilt
6. In light of the above, counsel for the petitioner does not wish to press
the present writ petition, with liberty to approach the Delhi Fire Services to obtain a fire clearance certificate.
7. In the event, a fire clearance certificate is granted in favour of the
petitioner, he would be at liberty to approach BSES for an electricity
W.P.(C) 4104/2026 Page 2 of 3
connection, which shall be considered, subject to the petitioner complying with the codal formalities.
8. All rights, contentions and legal remedies of the petitioner are kept
open.
AMIT BANSAL, J
MARCH 30, 2026
ds
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