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SANJEEV SACHDEVA
Gurkirpal Singh – Appellant
Versus
BSES Rajdhani Power Limited And Another – Respondent
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
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.
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