Rajiv Sahai Endlaw JUDGMENT
Rajiv Sahai Endlaw, J.
1. The Petitioner, an employee of Delhi Government and posted as a Beldar in the Office of the Executive Engineer, PWD, was on 28th March, 2005 allotted and put into possession of government accommodation at 183, Type-I, Lancers Road near Jawahar Market, Timarpur, Delhi. According to the Petitioner, the said house was without any electricity connection. The Petitioner on 11th April, 2005 applied for electricity connection in the said house. The Respondent NDPL however vide its letter dated 11th April, 2005 intimated the Petitioner that there were dues of ` 33,113.35p against the electricity connection at the said address in the name of one Mr. Madan. The Petitioner protested but without any avail. The Petitioner thereafter approached the Estate Officer who also recommended grant of an electricity connection by the Respondent NDPL to the Petitioner at the aforesaid address. It is the case of the Petitioner that he was ultimately in or about February, 2006 directed by the Respondent NDPL to make a fresh application and upon the same being made, was this time vide letter dated 25th February, 2006 of the Respondent NDPL informed that the dues against the electricity connection in the name of Mr. Madan at the said address were in the sum of ` 1,54,947.11p. The protests of the Petitioner meeting with no success, the present writ petition was filed for a direction to the Respondent NDPL to install electricity connection in the name of the Petitioner at the aforesaid address and also claiming compensation and penalty from the Respondent NDPL for wrongful refusal to install electricity connection demanded by the Petitioner.
2. Notice of the petition was issued and the Petitioner directed to implead the aforesaid Mr. Madan as well as the Department from which the said Mr. Madan had retired. The Petitioner however applied only for impleadment of Estate Officer of the Government of India as the Respondent No. 3. The Court however on 1st September, 2006 also directed issuance of notice to the Government of NCT of Delhi. None appeared on behalf of Government of NCT of Delhi in spite of service. Vide order dated 19th October, 2006, the Respondent NDPL was directed to install new electricity connection at the premises aforesaid without insisting upon payment of arrears aforesaid of ` 1,54,947.11p and was also restrained from recovering the said amount. On the next date, it was informed that the Petitioner had been so provided with the electricity connection. The said order has continued to remain in force and the Petitioner is enjoying the electricity connection under interim orders in the present proceedings.
3. The Respondent NDPL in its counter affidavit has pleaded that the Petitioner has failed to implead Mr. Madan aforesaid in spite of direction of this Court; that the arrears of electricity connection in the name of Mr. Madan were recoverable from Mr. Madan as well as from the Department in which the said Mr. Madan was employed; it is further pleaded that the Petitioner has not filed the present petition with clean hands; that in March, 2005 when the Petitioner took possession of the premises, the electricity connection in the name of Mr. Madan was still alive and the Petitioner continued to enjoy the electricity there from and reading of the said meter was taken in August, 2005; that in inspection on 3rd June, 2006, the meter was found damaged and was thereafter removed; that there was consumption of electricity from August, 2005 till the date of removal; that the Petitioner had initially applied for electricity connection at the said premises on 2nd April, 2005 which was cancelled on 22nd September, 2005 on the failure of the Petitioner to pay the arrears then intimated to him; that the Petitioner t........