DELHI HIGH COURT
MANOJ KUMAR OHRI
Babita Gulati – Appellant
Versus
Tata Power Delhi Distribution Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioners seek electricity connection ruling. (Para 1) |
| 2. disputes over premises and permission conditions. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. electricity is essential; occupancy matters. (Para 8) |
| 4. directions for electricity connection granted. (Para 9 , 10 , 11) |
| 5. writ petition disposed, pending applications addressed. (Para 12) |
JUDGMENT
Manoj Kumar Ohri, J. (Oral)--By way of the present petition filed under Article 226 of the Constitution of India, the petitioners, who claim themselves to be co-tenants in respect of first floor and terrace of property bearing No. B-103, Naraina Industrial Area, Phase-I, Delhi (hereinafter, referred to as the `subject premises'), seek directions to respondent No. 1/TPDDL to consider their application/request dated 13.10.2022 for installation of a fresh electricity connection in the name of petitioner No. 1 at the first floor of the subject premises without insisting for a `No Objection Certificate' from the lessor/landlord (respondent No. 2).
2. Learned counsel for the petitioners submits that the petitioners application seeking grant of fresh electricity connection remained pending in terms of `Acknowledgment cum Notification Su
Electricity, as an essential service, cannot be denied to tenants based on landlord disputes or NOC requirements.
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 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.
Electricity is an essential service and cannot be declined to a tenant based on the landlord's refusal to issue an NOC.
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 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 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.
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....
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