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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Gurkirpal Singh - Appellant
Versus
BSES Rajdhani Power Limited - Respondent
W.P.(C) 12064 of 2021
Decided On : 03-02-2022
| Table of Content |
|---|
| 1. tenant seeks independent electricity connection (Para 2 , 3) |
| 2. arguments regarding tenant's rights and landlord's obligations (Para 4 , 5 , 6 , 7) |
| 3. court directs provision of electricity subject to compliance (Para 8 , 9) |
| 4. conclusion and order of the court (Para 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--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 petitioner is willing to comply with all the codal and financial formalities of the respondent for the purposes of grant of the electricity connection.
7. Learned counsel appearing for respondent/BSES Rajdhani Power Ltd. submits that they have no objection to grant of an independent electricity meter to the petitioner, subject to petitioner complying with the codal and other financial formalities.
8. In view of the above, this petition is allowed. Subject to petitioner completing the codal and other financial formalities, BSES/Rajdhani Power Ltd. is directed to provide a pre-paid electricity connection to the petitioner without insisting upon a No Objection Certificate from the landlord.
9. It is clarified that the provision of electricity meter shall be without prejudice to the rights and contentions of the parties and shall not grant any special equity in favour of the petitioner or any extra rights in the property other than what the petitioner already enjoys
10. Petition is allowed, in the above terms.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.
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....
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....
Court can direct the provision of utility services conditioned on compliance with procedures, without needing a No Objection Certificate from a landlord.
A tenant can seek an independent electricity connection even if the registered consumer requested disconnection, without granting special equities regarding ownership.
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.
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 main legal point established is that a tenant, being in settled occupation, is entitled to an independent electricity connection as a matter of right, irrespective of the pending eviction suit fi....
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