'Electricity An Indispensable Need To Live': Allahabad High Court Comes To Aid Of Man Denied Connection For Over A Decade
Allahabad High Court directs Railways to provide an electricity connection to a man denied power for over a decade.
The Allahabad High Court on Monday observed that electricity is "an indispensable need" in modern times, as it directed the North Eastern Railway to provide an electricity connection to a man who had been forced to live without electricity for more than a decade.
A Bench of Justice Prakash Padia and Justice Vivek Saran observed that the right to life under Article 21 is not confined to merely meeting a person's basic animal needs and includes access to essential civic amenities such as electricity, sanitation, roads, clean surroundings, sufficient light, and pure air and water.
The Court consequently quashed the orders by which the petitioner's request for a new electricity connection or transfer of the existing connection had been rejected.
The petition was filed by Fanindra Das, seeking a connection in a temple situated within the Railway Colony at Ballia. His deceased father was the Mahant of the temple and, during his lifetime, an electricity connection had been provided by the Railway authorities.
However, after his death, the petitioner was denied electricity supply amid a dispute with his brother. The petitioner sought either the installation of a new connection or the transfer of the existing connection, which had been in operation since 1978 in the names of his late father and his elder brother.
He also sought restoration of the electricity supply through a sub-meter.
The Railway authorities had rejected the request as it argued that the property where the petitioner sought the electricity connection was situated amid Railway property.
The petitioner was also confronted with a Railway Board direction concerning electricity connections on private land.
High Court's observations
The High Court rejected the approach that the petitioner's entitlement could simply be denied on the basis relied upon by the authorities. The Bench observed thus:
"In an organised society, right to live as a human being would not be possible without adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads etc".
The Court relied upon the Supreme Court's judgment in Chameli Singh v. State of U.P., in which the Supreme Court held that the right to shelter includes not merely a roof over one's head but also the infrastructure necessary to enable a person to live and develop as a human being.
The Supreme Court had specifically included electricity among the facilities encompassed within the right to shelter and the right to live with dignity.
The Bench also relied upon the Supreme Court's judgment in Dilip (Dead) v. Satish, concerning an electricity connection sought by a tenant. In that case, the Supreme Court had stated that "it is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived".
The High Court also referred to a 2026 judgment of a coordinate Bench in Preeti Sharma v. State of U.P., which had recognized access to electricity as a fundamental right under Article 21 and directed the authorities to consider the petitioner's application upon completion of the requisite formalities.
Applying these principles, the Bench observed that it was the "abundant duty" of the respondents to ensure that the petitioner had access to basic human needs. The Court said that in modern times, electricity is "an indispensable need to live".
The Court further noted that the respondents did not dispute that the petitioner was living at the place where the connection was sought.
Despite this, he had been denied electricity and had consequently been 'forced' to live without it for last more than a decade.
The Bench said that the electricity connection "ought to have been granted by the Railway Authorities except under the condition where the law disentitles the same".
The High Court accordingly allowed the writ petition and quashed the orders dated July 26, 2011 and May 9, 2012 by which the petitioner's request had been rejected.
The General Manager, North Eastern Railway, Gorakhpur, has been directed to provide an electricity connection to the petitioner within 30 days from the date of presentation of a certified copy of the judgment, unless there is a statutory impediment.
Case Title - Fanindra Das vs. The General Manager and another 2026 LiveLaw (AB) 761
Case Citation: 2026 LiveLaw (AB) 761