Back
DELHI HIGH COURT
MANOJ KUMAR OHRI
Mukesh – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent
| Table of Content |
|---|
| 1. parties' arguments regarding the right to electricity. (Para 3 , 5 , 9) |
| 2. electricity as a basic amenity. (Para 6) |
| 3. appellant's occupation and claim for electricity connection. (Para 7 , 8) |
| 4. court's directive for installation of electricity connection. (Para 10 , 12 , 14) |
| 5. court's observations on the necessity for electricity supply and implications. (Para 11) |
JUDGMENT
Manoj Kumar Ohri, J. (ORAL)
CM APPL. 30179/2022 (Exemption)
1.1. Allowed, subject to all just exceptions.
1.2. The application stands disposed of.
FAO 186/2022, CM APPL. 30180/2022 (Interim Relief) and CM APPL. 30181/2022 (Addl. Doc.)
2.1. By way of the present appeal filed under Order 43 Rule 1 read with Section 151 CPC, the appellant has assailed the order dated 20.06.2022 passed by the learned Vacation Judge/ADJ-01, Patiala House Courts, Delhi in Summer Vacation Case No. 01/2022, whereby the application filed by the appellant/plaintiff under Order 39 Rules 1 and 2 CPC was dismissed. The appellant also seeks direction to respondent No.1 to consider and install an electricity meter and connection at the suit property in his favor, upon an application being made by him in this regard.
2.2. Le
Electricity as an essential service cannot be denied. Occupants are entitled to connections, reflecting the Supreme Court's emphasis on basic amenities under the Electricity Act.
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
The right to an electricity connection cannot be asserted without proof of ownership and clearance of dues, and the tenant's rights do not override the landlord's obligations.
Access to electricity should be construed as a human right, subject to the requirements of the Electricity laws, and denial of the same would amount to a violation of human 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 court balanced the right to electricity supply with the pending legal proceedings and the directive from the municipal corporation, ultimately allowing the restoration of electricity supply subje....
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 occupier of premises is entitled to electricity connection under Section 43 of the Electricity Act, 2003, and ongoing legal proceedings cannot be a ground for denial of the connection.
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
