MANOJ KUMAR OHRI
Siya Ram Dass – Appellant
Versus
Tata Power Delhi Distribution Limited – Respondent
JUDGMENT :
Manoj Kumar Ohri, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioner seeking following reliefs:-
2. To pass direction to charge actual consumption bill of electricity of suit property and not provisional or ad-hoc.
3. To pass cost of the Writ Petition.”
2. On 27.08.2021, this Court while issuing notice noted the submission of the learned counsel for the petitioner to the extent that the petitioner is a tenant at premises bearing No. 781, Rishi Nagar, Rani Bagh, Delhi-110034 by virtue of Rent Deed dated 14.11.2019. It is claimed that respondent No. 3/Mr. Gulshan Kumar (as per amended memo of parties) is the landlord/owner.
3. The grievance raised by the petitioner is that pursuant to his application seeking electricity connection, a site inspection was carried out during which respondent No. 4/Mr. Ravinder Singh (as per amended memo of parties) has rai
The tenant has the right to seek a new electricity connection without requiring a no-objection certificate from the owner, subject to compliance with formalities and payment obligations.
Petitioner is entitled to apply for a new electricity connection without requiring landlord's NOC, provided all dues are cleared and formalities complied with.
The court permits granting of an electricity connection despite pending litigation, emphasizing that no rights or possessory claims are recognized by this order.
Electricity is a basic amenity that cannot be denied to a tenant solely based on the landlord's refusal to issue a No Objection Certificate.
The court's decision was based on the principle of granting a fresh electricity connection in favor of the petitioner for the ground floor, without prejudice to the pending dispute with the estranged....
The court ruled that the installation of an electricity connection is contingent upon the applicant's compliance with codal requirements and does not confer ownership rights.
Electricity is a basic amenity and cannot be declined to a tenant based on the landlord's refusal to issue a No Objection Certificate.
The court balanced the petitioner's claim with the requirement of compliance with formalities and conditions for granting the electricity connection, without recognizing ownership or possessory right....
A petition under Article 226 can direct the installation of utilities, subject to formal requirements and does not confer ownership rights.
Electricity, as an essential service, cannot be denied to tenants based on landlord disputes or NOC requirements.
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