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AMARJOT BHATTI
Shushma Rani – Appellant
Versus
Dakshin Haryana Bijli Vitran Nigam – Respondent
JUDGMENT :
Amarjot Bhatti, J.
1. The petitioner – Shushma Rani has filed revision petition under Article 227 of the Constitution of India for setting aside impugned order dated 13.09.2023, Annexure P-1 passed by learned Additional District Judge, Fatehabad and another order dated 21.08.2023, Annexure P-2 passed by learned Civil Judge (Junior Division), Ratia vide which the request of the petitioner/plaintiff for ad interim injunction for the electricity connection in her name being occupant of the premises was declined.
2. The brief facts of the case are Shushma Rani filed suit for declaration to the effect that she is entitled for domestic supply electricity connection in her name under her occupation on the ground floor part of matrimonial home/shared household i.e. House No. 201, Ward No. 10, Ratia, as per Electricity Act, 2003 with the consequential relief of mandatory injunction directing the defendants to provide the fresh electricity connection in her name. In the said plaint, the petitioner/plaintiff had filed application under Order 39 Rules 1 and 2 read with section 151 of C.P.C. seeking ad interim injunction. The learned counsel for the petitioner/plaintiff argued that the
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.
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.
Point of law: Processing of Application for Supply - Grant of electricity connection to applicant merely on ground that there is a pending dispute in respect of property where electricity connection ....
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 main legal point established is that electricity is a basic necessity and integral to the right to life, and as long as a person is in possession of a property, they cannot be deprived of electri....
An occupier is entitled to apply for an electricity connection under the Electricity Act, 2003 and HPERC Regulations, and the lack of ownership of the land does not preclude the occupier from seeking....
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