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DELHI HIGH COURT
SANJEEV SACHDEVA
Vijay Kumar Shukla – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition for restoration of electricity connection. (Para 3 , 4 , 5) |
| 2. conditions for electricity reconnection and petitioner's undertaking. (Para 6 , 7 , 8 , 9) |
| 3. court's order for processing the application. (Para 10 , 11 , 12) |
| 4. finality and procedures regarding the order. (Para 13 , 14) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.6610/2021(exemption)
1. Exemption is allowed subject to all just exceptions.
W.P.(C) 2278/2021 & CM APPL.6609/2021
2. The hearing was conducted through video conferencing.
3. Petitioner seeks a direction to respondent/BSES Rajdhani Power Ltd. to restore the electricity connection. It is contended that even though no bills are pending, electricity supply has been disconnected.
4. Learned counsel for the petitioner submits that when the petitioner applied for restoration of the electricity connection, same has not been allowed stating that the multiple complaints have been received from the owners of the premises/registered consumer against the re-connection of the meter in the said premises. Petitioner has been required to provide valid Lease Deed for further connection.
5. Learned counsel for the petitioner submits t
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.
Restoration of electricity supply must be maintained during ongoing property disputes, contingent on bill payments, without conferring additional rights to the petitioner.
The court balanced the right to electricity supply with the pending legal proceedings and the directive from the municipal corporation, ultimately allowing the restoration of electricity supply subje....
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 court emphasized that a fresh application and completion of formalities are required for reconnection, while the forgery issue remains unresolved.
Point of Law : It is a settled proposition of law that electricity is one Fundamental Rights for existence and protected under Article 21 of Constitution of India, subject to petitioner complying wit....
Petitioner is entitled to apply for a new electricity connection without requiring landlord's NOC, provided all dues are cleared and formalities complied with.
A tenant can receive a separate electricity connection without the landlord's No Objection Certificate provided formalities are met, affirming protection under tenancy laws.
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....
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