DELHI HIGH COURT
MANOJ KUMAR OHRI
Shanti Devi – Appellant
Versus
BSES Yamuna Power Limited – Respondent
| Table of Content |
|---|
| 1. petitioner seeks electricity connection amidst ownership claim. (Para 1 , 2) |
| 2. respondent's conditions for connection grant. (Para 4) |
| 3. court's directives for granting connection and clarifications. (Para 5 , 6) |
| 4. final disposal of the writ petition. (Para 7) |
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 the respondent/BSES Yamuna Power Limited to install a new electricity connection in the name of petitioner at the property bearing No. 18/40, Top Floor, East Patel Nagar Delhi-110008.
2. Learned counsel for the petitioner submits that one Rajni Babber has filed a civil suit bearing No. Civil/DJ/611125/2016 for possession, permanent & mandatory injunction and recovery of mesne profit against the petitioner, which is pending consideration before the concerned District Judge. He submits that the petitioner has claimed ownership on the basis of adverse possession. He further submits that earlier the electricity connection was existing in the name of Ms. Rajni Babber, which has been disconnected and the petitioner has now sought a new electricity connectio
The court permits granting of an electricity connection despite pending litigation, emphasizing that no rights or possessory claims are recognized by this order.
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'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.
A petition under Article 226 can direct the installation of utilities, subject to formal requirements and does not confer ownership rights.
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....
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 is an essential service and cannot be declined to a tenant based on the landlord's refusal to issue an NOC.
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.
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