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Gurnam Kaur (Deceased) Through … vs Bses Rajdhani Power Ltd. & Ors on 17 March, 2017

2. The plaintiff instituted this suit for mandatory injunction directing
BSES RPL, South Delhi Municipal Corporation (SDMC) and Divisional
Head (O&M) of BSES RPL to remove the transformer and the electric pole
installed in the portion of the properties No.D-1/20 and D-1/21, Rajouri
Garden, New Delhi of the plaintiff and for recovery of arrears of and future
mesne profits / damages for use and occupation.

3. The suit was entertained.

CS(OS) No.2691/2015 Page 1 of 7
4. BSES RPL filed a written statement inter alia pleading (a) that the
subject transformer has been in existence for over 30 years; and, (b) that
BSES RPL is unable to locate the documents executed by the then owner of
the property permitting installation of the said transformer and have sought
the same from Delhi Power Corporation Limited (DPCL) being the holding
company created while unbundling erstwhile Delhi Vidyut Board (DVB)
during whose regime the subject transformer and electric pole were
installed.

Source: Indian Kanoon

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