MANOJ KUMAR OHRI
Rajrani – Appellant
Versus
Bses Yamuna Power Ltd. – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)--By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks a direction to respondent No. 1/BSES Yamuna Power Ltd. to install new electricity connection in her name in the premises bearing No. B-341, Gali No.7, Jain Mandir Mahalaxmi Enclave, Karawal Nagar, Delhi--110094 (hereinafter, referred to as the `subject property'), without insisting on an NOC from respondent No.2.
2. Learned counsel for the petitioner submits that while the petitioner is an occupant of ground floor of the subject property, respondent No.2 (petitioner's estranged husband) is occupying the first floor. He further submits that the existing electricity connection is in the name of respondent No.2 whereby electricity is supplied to both the floors, but the same has been disconnected on 29.10.2022.
3. Issue notice.
4. Learned counsels, as above, accept notice for the respective respondents. Learned counsel for respondent No.1 submits that there are outstanding dues qua the previous connection at the subject property. He, however, also submits that subject to the payment of pending electricity dues, the answering respondent has n
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....
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.
A petition under Article 226 can direct the installation of utilities, subject to formal requirements and does not confer ownership rights.
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.
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....
Electricity as an essential service cannot be denied to legal occupants due to disputes among alleged owners; applicants must be provided connections without needing NOCs from conflicting parties.
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.
Electricity is an essential service and cannot be denied without lawful reason. The authority should only consider whether the applicant is in occupation of the premises.
Electricity as a basic amenity must not be denied to a tenant due to landlord's refusal to provide a No Objection Certificate.
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