ORDER
Manmohan Sarin, J.
1. Rule.
With the consent of the parties the writ petition is taken up for disposal.
2. the petitioner has field this writ petition seeking a writ of prohibition and direction to the respondent from removing the generator set installed near the premises of the petitioner for the supply of electricity. Direction was further sough that the gas cylinders and other material stored in the open space next to the premises at 62, Basant Lok Community Centre, Vasant Vihar, New Delhi be not removed.
3. The petitioner runs a popular restaurant named “IGI Friday” at 62, Basant Lok, Community Centre, Vasant Vihar, New Delhi. The petitioner’s case is that the respondent DVB has sanctioned load of 68 KVA against the requirement of 250 KVA. It is further pleaded since DVB was facing a power crisis, vide its letter of 11.6.1999, it asked the consumers to switch over the their generator sets between 12.00 p.m. to 9.00 p.m.
4. Notice to show cause was issued in this petition on 11.6.1999. Pleadings were completed. The stand taken by the DVB and MCD in their reply is that the petitioner has installed and placed the generator at a public place on the road without any prior permission. it is claimed that the generator as placed on the public road constituted a threat and nuisance to the passers by.
5. In these circumstances, vide order dated 14.2.2000, two weeks time was granted to the petitioner to make alternate arrangement to remove the generator set, gas cylinders and other materials. Again vide orders dated 6.3.2000, the interim order granted earlier against removal of the generator was vacated. Accordingly it is made clear that there is no order in operation staying the removal of the generator set, gas cylinders and other materials.
6. Petitioner thereafter during the course of writ proceedings informed the court that an application had been field with the DVB for enhancement of electric load. Today Ms. Zubeda Begum appears and states that permission has been granted. Counsel for the petitioner submits that DVB vide orders dated 16.4.2001, granted permission for additional load to the petitioner. Counsel also produced another permission granted by DVB vide letter dated 27.6.2001 for installation of one generator set of 320 KVA. it is also a condition of the permission that it shall hold good for the period MCD allows the installation of the same on MCD land. Learned counsel, therefore, submits that the petitioner would seek permission for use of the MCD land for installation and placement of the such generator set.
7. Learned counsel for the MCD states that as and when such application is received and petitioner complies with requisite formalities, respondent MCD shall dispose of the same on merits in accordance with their policy and law, within 8 weeks of its receipt.
8. No further orders are called for in this writ petition and the same stands disposed of.