Electricity Is Essential Service, Cannot Be Denied Without Cogent, Lawful Reason: Delhi High Court

Observing that electricity is an essential service, the Delhi High Court has said that a person cannot be deprived of it without a cogent and lawful reason.

Justice Manoj Kumar Ohri in a judgment passed on Monday said that it is well-settled that even if disputes exist regarding the ownership of a property at which an electricity connection is sought, the concerned authorities cannot deprive the legal occupant of the same by insisting that a no objection certificate (NOC) be furnished from others, who also claim to be owners.

Reliance was placed on a recent Supreme Court ruling in Dilip (Dead) through Lrs. v. Satish & Others wherein it was held that electricity cannot be declined to a tenant on the ground of failure or refusal of the landlord to issue NOC. It was also said by the Supreme Court that all that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.

The court was dealing with a plea filed by a couple, who are senior citizens, seeking installation of a fresh electricity meter at their premises without insisting for NOC from the husband's three brothers. The parties are engaged in a partition suit with respect to the subject property.

It was submitted on behalf of the petitioners that while electricity was granted to two of the respondents without insisting on NOC from the petitioners, the latter have been denied the same for want of NOC from the former.

"Presently, the electricity supply to the portion occupied by petitioners in the subject premises is received as per inter se arrangement, however the same has led to multiple disputes between the parties," the court was told.

The petitioners undertook to comply with all the codal and commercial formalities of BSES and submitted that there are no outstanding dues with respect to electricity connection installed at the subject premises.

On the other hand, the counsel appearing for BSES submitted that the petitioners' request for a new electricity connection was not acceded to in view of the objections raised by the brothers. The court was apprised, on instructions, that there are no pending dues with respect to electricity connection installed at the subject premises.

Following court's observation that supply of electricity cannot be denied to the petitioners, the BSES counsel said that their application for fresh electricity connection would be considered in accordance with law without insisting on NOC from the brothers.

"Respondent No.2 shall process the petitioners' application for providing fresh electricity connection forthwith without insisting on NOC from respondent Nos.3 to 5 within two weeks from the date of filing of the application," said the court.

The court also directed the petitioners to pay the consumption charges in accordance with the bills raised by BSES from time to time or till the time they occupy the subject premises.

"Respondent No.2 shall be entitled to disconnect the electricity supply at the subject premises in case petitioners fail to pay the electricity charges. Application of the petitioners shall be processed and electricity connection shall be installed within two working days of the petitioners completing all the formalities," the court added. 

Title: SUDHARSHAN KUMAR SHARMA AND ANR. v. STATE OF NCT OF DELHI AND ORS.

Citation: 2022 LiveLaw (Del) 1088

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