DELHI HIGH COURT
SANJEEV SACHDEVA
Ashish Gupta – Appellant
Versus
Tata Power Delhi Distribution Limited – Respondent
| Table of Content |
|---|
| 1. petitioner seeks electricity restoration. (Para 2 , 3 , 4) |
| 2. conditions for new electricity connection. (Para 6) |
| 3. electricity as a fundamental right. (Para 7) |
| 4. court’s order for electricity connection. (Para 8 , 9 , 10) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondent/Tata Power Delhi Distribution Limited (TPDDL) to either restore the electricity supply to CA No.60019111651 or install a fresh connection in the third floor of property number 83, Tagore Park, New Delhi-110009.
3. Learned counsel for the petitioner submits that the petitioner is a tenant in the subject property, though there are certain disputes between the petitioner and landlord.
4. Learned counsel submits that the petitioner had filed a suit for mandatory injunction seeking restoration of electricity connection. However, the said suit was rejected on the ground that there is a suit for possession filed by the landlord against the property and the relief of restoration of electricity could be agitated in the said proceedings.
5. Issue notice. Notice is accepted by learned counsel for respondent.
6
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.
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.
Restoration of electricity supply must be maintained during ongoing property disputes, contingent on bill payments, without conferring additional rights to the petitioner.
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.
Electricity is a fundamental amenity that must be provided to occupants, irrespective of ownership disputes, ensuring connectivity based solely on occupancy.
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....
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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