Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Gurkirpal Singh - Appellant
Versus
BSES Rajdhani Power Limited & Anr. - Respondents
Civil Writ Petition No. 12064 of 2021
Decided On : 03-02-2022
Electricity Connection - Tenant's Rights - The court directed the electricity provider to grant a separate independent electricity connection to the tenant without requiring a No Objection Certificate from the landlord, subject to the tenant completing the necessary formalities.
Fact of the Case:
The petitioner, a tenant in a property, sought a separate independent electricity connection after facing issues with the landlord regarding electricity supply and inspections.
Finding of the Court:
The court found in favor of the petitioner, allowing the petition and directing the electricity provider to grant the requested connection, subject to the petitioner completing the required formalities.
Issues: The issues involved the tenant's rights to electricity supply and the landlord's obligations under the Delhi Rent Control Act.
Ratio Decidendi: The court's decision was based on the tenant's rights under the Delhi Rent Control Act and the landlord's obligations to provide essential services, such as electricity, to the tenant.
Final Decision: The petition was allowed, and the electricity provider was directed to provide a pre-paid electricity connection to the petitioner without insisting upon a No Objection Certificate from the landlord.
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. By order dated 26.10.2021, notices were directed to be issued to respondent No.2. Office report indicates that notices were sent over Whatsapp. However, none appears for respondent No.2.
3. Petitioner, a tenant in the subject property seeks a separate independent electricity connection at premises being shop No.1 in property number 1868/13, Govind Puri Extension, Kalkaji, New Delhi-110019.
4. Learned counsel for the petitioner submits that petitioner is a tenant protected under the Delhi Rent Control act. He submits that earlier electricity was sought to be disconnected by the respondent No.2 and accordingly, a petition under Section 45 of Delhi Rent Control act, 1958 was filed in which by interim dated 08.04.2021, the respondent/landlord was directed to restore electricity to the tenanted premises.
5. Learned counsel submits that though electricity has been restored, however, with the intention of pressurizing the petitioner to vacate the premises, the landlord does not pay the electricity bills on time or permit the electricity inspectors to inspect the meter and take reading.
6. He submits that petitioner is willing to comply with all the codal and financial formalities of the respondent for the purposes of grant of the electricity connection.
7. Learned counsel appearing for respondent/BSES Rajdhani Power Ltd. submits that they have no objection to grant of an independent electricity meter to the petitioner, subject to petitioner complying with the codal and other financial formalities.
8. In view of the above, this petition is allowed. Subject to petitioner completing the codal and other financial formalities, BSES/Rajdhani Power Ltd. is directed to provide a pre-paid electricity connection to the petitioner without insisting upon a No Objection Certificate from the landlord
9. It is clarified that the provision of electricity meter shall be without prejudice to the rights and contentions of the parties and shall not grant any special equity in favour of the petitioner or any extra rights in the property other than what the petitioner already enjoys
10. Petition is allowed, in the above terms.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.
The main legal point established is the tenant's right to a separate independent electricity connection without requiring the landlord's No Objection Certificate, subject to completing necessary form....
A tenant can receive a separate electricity connection without the landlord's No Objection Certificate provided formalities are met, affirming protection under tenancy laws.
Tenants are entitled to obtain independent electricity connections despite landlord objections, provided they comply with necessary formalities, reinforcing protections under the Delhi Rent Control A....
Court can direct the provision of utility services conditioned on compliance with procedures, without needing a No Objection Certificate from a landlord.
The court permits the petitioner to apply for a new electricity connection, emphasizing no special rights are granted and the existing rights and contentions of the parties remain intact.
A tenant can seek an independent electricity connection even if the registered consumer requested disconnection, without granting special equities regarding ownership.
Petitioner is entitled to apply for a new electricity connection without requiring landlord's NOC, provided all dues are cleared and formalities complied with.
Electricity is recognized as a fundamental right essential for existence under Article 21 of the Constitution of India, and filing a civil suit does not bar a petition under Article 226.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
