MANOJ KUMAR OHRI
Sachin Chadha – Appellant
Versus
Bses Rajdhani Power Ltd. Through Its Managing Director – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM APPL. 14931/2023 (exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 3849/2023 and CM APPL. 14932/2023 (Interim Direction)
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner who claims to be an occupant of the First Floor of property bearing No.B-1/14, Miyawali Nagar Paschim Vihar, Delhi-110087 seeks direction to respondents to install an electricity connection in his name at the aforesaid premises.
2. Mr. J.P. Sengh, learned Senior Counsel for the petitioner, submits that after filing of the petition, the petitioner has in fact received an email from the respondents stating that his representation is being considered, subject to completion of commercial formalities. He further submits that in support of the application, the petitioner has annexed a copy of the registered Gift Deed dated 19.07.2021 executed by his mother in his favour in respect of the aforesaid premises.
3. Issue notice.
4. Learned counsel for the respondents accepts notice and submits that the petitioner's prayer for grant of electricity connection would be considered expeditious
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....
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 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 permits granting of an electricity connection despite pending litigation, emphasizing that no rights or possessory claims are recognized by this order.
Electricity as a basic amenity must not be denied to a tenant due to landlord's refusal to provide a No Objection Certificate.
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 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.
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