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DELHI HIGH COURT
MANOJ KUMAR OHRI
Sudharshan Kumar Sharma – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. seeking electricity connection amid a property dispute (Para 1 , 2 , 3 , 4 , 5) |
| 2. electricity is an essential service not dependent on ownership disputes (Para 6) |
| 3. writ petition disposed with directions for connection processing (Para 8 , 9 , 10 , 11) |
JUDGMENT
Manoj Kumar Ohri, J. (Oral)--By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioners, who claim to be senior citizens and residents of the ground floor of House No. 527/3-A/1-B/2, Gali No. 2, Block No. 6, Vishwas Nagar, Shahdara, Delhi-110032 (hereinafter, referred to as the `subject premises'), seek direction to respondent No.2/BSES-YPL to install a fresh electricity meter at the subject premises without insisting for No Objection Certificate from respondent Nos.3 to 5.
2. Mr.C.M.Grover, learned counsel for the petitioners submits that petitioner No.1 and respondent Nos.3 to 5 are real brothers and a civil suit being CS 342/2019 titled as Shri Sudharshan Kumar Sharma v. Smt. Madhu Bala & Ors. for partition and permanent injunction is pending between the parties. It is submitted while electricity connection was granted to two of the respondents without ins
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.
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.
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 a basic amenity must not be denied to a tenant due to landlord's refusal to provide a No Objection Certificate.
Electricity supply cannot be denied to a lawful occupant based on landlord's refusal to provide NOC; the applicant's legal occupation is sufficient for connection processing.
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.
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