DELHI HIGH COURT
MANOJ KUMAR OHRI
Mohd. Kasim – Appellant
Versus
BSES Rajdhani Power Limited – Respondent
| Table of Content |
|---|
| 1. application for electricity connection based on ownership. (Para 1 , 2) |
| 2. conditions for granting electricity connection. (Para 3 , 5 , 6) |
| 3. respondent's acceptance contingent on fresh application. (Para 4) |
| 4. writ petition disposed of. (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 respondent No.1/BSES to allot/install electricity meter connection in his name at Jhuggi bearing No. S-66/28, Pratap Camp, Nehru Nagar, New Delhi-110065 (hereinafter, referred to as the `subject property').
2. Learned counsel for the petitioner submits that the petitioner is the owner/occupant of the subject property, who had applied for an electricity connection in his name, however, the same has not been provided till date. It is further submitted that it has come to the knowledge of the petitioner that respondent No.2, who is his real uncle, had objected to the aforesaid grant of electricity connection. Learned counsel also submits that respondent No.2 used to own Jhuggi bearing No.S-66/24, Pratap Camp, Nehru Nagar, Near Gurudwara, New Delhi-110065, and electrici
A petition under Article 226 can direct the installation of utilities, subject to formal requirements and does not confer ownership rights.
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 court permits granting of an electricity connection despite pending litigation, emphasizing that no rights or possessory claims are recognized by this order.
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 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.
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 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 denied without lawful reason. The authority should only consider whether the applicant is in occupation of the premises.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.