DELHI HIGH COURT
MANOJ KUMAR OHRI
Dev Chand – Appellant
Versus
BSES Yamuna Power Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks electricity connection due to landlord disputes. (Para 1 , 2 , 3 , 5) |
| 2. conditions for granting electricity connection clarified by court. (Para 6 , 7) |
| 3. order clarifies rights and does not recognize tenancy. (Para 8 , 9) |
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 either re-install the electricity meter No. 70198907 or issue a new electricity connection in the name of the petitioner at the property bearing No. IX/7039, 2nd Floor, Gurunanak Gali, Gandhi Nagar, Delhi-110031.
2. During the course of submissions, learned counsel for the petitioner submits that he is restricting his prayer only for installation of a new electricity connection.
3. Learned counsel for the petitioner submits that the petitioner is a tenant in the subject property and on account of certain disputes existing with the landlord, electricity supplied to the portion occupied by the petitioner has been disconnected.
4. Issue notice.
5. Learned counsel appearing for respondent No. 1/BSES Yamuna Power Ltd. accepts no
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 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....
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.
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 a basic amenity and cannot be declined to a tenant based on the landlord's refusal to issue a No Objection Certificate.
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 an essential service and cannot be declined to a tenant based on the landlord's refusal to issue an NOC.
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....
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