26 July 2024 Dispute over ownership or title over property >> Property & Real Estate  

In a recent legal development in Anuj Kumar Agarwal v/s Registrar Of Cooperative Societies & Others, the Delhi High Court has issued an interim order compelling the reconnection of electricity and water supplies to a residential property in Noida, Uttar Pradesh. This decision comes amidst a dispute over the legitimacy of the property ownership and the jurisdiction of the Court to adjudicate the matter.

Background:

The petitioner, a prominent advocate and expert in cyber and digital law, purchased Flat No. T-8/1301, located in Supreme Towers, Sector 99, Noida, on May 26, 2024. The property was acquired from Dr. ATM Venkat Raghavan, and possession was granted on June 1, 2024. The petitioner claims to have fulfilled all financial obligations associated with the purchase, including depositing Rs. 2,72,000 into the account of the cooperative society managing the property, which covered both arrears and advance payments for electricity and maintenance.

However, a dispute has arisen with respondent no.3, the cooperative society, over the recognition of the petitioner as the valid owner of the flat. On July 22, 2024, the society disconnected the electricity and water supply to the flat, citing the unresolved issue of the petitioner's ownership status. This action has prompted the petitioner to seek legal redress.

Court Proceedings and Arguments:

During the preliminary hearings, the petitioner’s counsel argued that the disconnection of essential services such as electricity and water was arbitrary and in violation of established legal principles. They asserted that such basic amenities are fundamental rights, crucial for maintaining the dignity and quality of life. The petitioner’s counsel urged the Court to mandate the immediate reconnection of these utilities.

In contrast, the counsel for respondent no.3 contended that the cooperative society did not recognize the petitioner as a legitimate owner and that the deposited amounts were held in suspense due to ongoing disputes. The counsel also raised a jurisdictional objection, arguing that the High Court might lack authority over the matter as the society is based in Meerut, and the property is situated in Noida.

Additionally, the society’s counsel disputed the petitioner’s claim of residing at the flat, suggesting that the petitioner might be living elsewhere in Noida, which, according to them, undermined the urgency of the reconnection request.

Court's Interim Order:

The Court has refrained from delving into the substantive issues of ownership and jurisdiction at this stage. Instead, it has focused on the immediate need for reconnection of utilities. Recognizing the fundamental nature of access to water and electricity, the Court has directed respondent no.3 to restore these services to the property without delay. This interim order underscores the Court's commitment to upholding essential rights while awaiting further proceedings and responses from the involved parties.

The Court has issued notices to the respondents, granting them two weeks to file counter-affidavits. The petitioner will have an opportunity to submit a rejoinder before the next hearing scheduled for September 3, 2024.

This case highlights the critical intersection of property disputes and fundamental rights, illustrating the Court’s role in ensuring that basic amenities are not withheld even amidst legal disagreements.

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