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DELHI HIGH COURT
MANOJ KUMAR OHRI
Sufiya Begum – Appellant
Versus
BSES Yamuna Power Limited – Respondent
| Table of Content |
|---|
| 1. petitioner's entitlement for electricity connection (Para 1 , 2) |
| 2. court directives for electricity connection installation (Para 3 , 5 , 6) |
| 3. deficiencies in petitioner's request acknowledged (Para 4) |
| 4. writ petition dismissed as settled (Para 7) |
JUDGMENT
Manoj Kumar Ohri, J. (ORAL)
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. 1236 to 1238, Fourth Floor, Ganj Meer Khan, Rakab Ganj, New Delhi - 110002 (hereinafter, referred to as the `subject premises') seeks a direction to the respondent to install a new electricity connection at the subject premises.
2. Mr. Kshitiz Mahipal, learned counsel for the petitioner submits that the petitioner has purchased the subject premises by virtue of a registered sale deed dated 06.11.2020 from one Smt. Heena Fatama. It is submitted that the petitioner has approached the respondent for installation of a new electricity connection vide Application No. 8005636348, however the same has not been installed till date.
3. Issue notice.
4. Mr. Akhil Hasija, learned counsel appears and accepts notice on
A direction for electricity connection is contingent upon fulfilling all procedural requirements as mandated by the service provider, emphasizing compliance with administrative protocols.
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....
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....
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.
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