Back
DELHI HIGH COURT
MANOJ KUMAR OHRI
Mehjabeen – Appellant
Versus
BSES Rajdhani Power Limited – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM.APPL No. 29711/2022 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 10302/2022
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner who claims herself to be the owner/occupier of the premises bearing No. RZ-346 (Second Floor), Gali No. 19, measuring 41.8 sq. mtrs. i.e., 50 sq. yds. out of Khasra No. 529, situated at Tughalkabad Extension, New Delhi-110019 (hereinafter, referred to as the `subject premises') seeks a direction to the respondent to provide a permanent electricity connection to the petitioner at the subject premises without removing the temporary connection.
2. Mr. Abhishek Singh, learned counsel for the petitioner submits that the petitioner has purchased the subject premises by virtue of a registered sale deed dated 23.02.2022 from one Sh. Shyam Singh Rathore and Sh. Deepak Kumar Sharma. It is submitted that the petitioner has approached the respondent for installation of new permanent electricity connection, however the same has not been installed till date.
3. Issue notice.
4. Mr. Shubham Sharma, Advocate appears and accepts
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.
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....
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....
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 a basic amenity must not be denied to a tenant due to landlord's refusal to provide 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
