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Rules Railway Cannot Deny Electricity Citing Private Land Under Article 21
Electricity is a , Not a Privilege
In a landmark ruling, the has held that access to electricity is a under , and the cannot refuse a connection merely because the premises stand on private land. The bench of Justice Prakash Padia and Justice Vivek Saran quashed orders denying power to a temple caretaker, directing the to provide a connection within 30 days.
The Temple and the Railway Colony: A Decade-Long Dispute
The petitioner, Fanindra Das, sought an electricity connection for a temple situated within the Railway Colony at Ballia. His deceased father, Mahant Aniruddha Das, had been given a connection by the Railways under a Governor's directive. After his father's death, Das requested either a fresh connection or transfer of the existing one to his name via a sub-meter. The Railway refused, citing a dispute between Das and his brother, and a letter barring connections on private land.
What the Railway Argued vs What the Law Says
The Railway relied on a 1986 Board order allowing connections only to parties connected with Railway working and authorized occupants of Railway land. However, the court observed that the temple lies in the midst of Railway property, meaning only the Railway could supply power.
"It can be fairly presumed that an electricity connection can only be granted by the
,"
the bench noted.
Reliance on Precedents
The court drew heavily on , where the held that the includes electricity as an . It also cited , which declared electricity a that cannot be denied to an occupant, and a coordinate bench's decision in , treating access to a connection as a .
Key Observations from the Bench
"Thus it is the abundant duty of the respondents to ensure that the petitioner have accessibility to and in modern times, electricity is an to live."
"It is a matter of concern that although the respondents do not dispute the living of the petitioner at the place but have denied electricity connection to him and have thereby forced him to live without it for last more than a decade."
The Final Verdict: Connection Within 30 Days
The court allowed the writ petition, quashing the impugned orders of and . It directed the , Gorakhpur, to provide electricity connection to the petitioner within 30 days of receiving a certified copy of the order, unless a exists. The judgment reinforces that basic amenities cannot be withheld on when fundamental rights are at stake.
