Delhi High Court made an important comment, said – electricity essential service
Court said- Electricity is necessary, cannot be denied without solid basis
After hearing the petition, the court ordered to continue the power system
New Delhi. The Delhi High Court has said that electricity is an essential service and no person can be deprived of it without a solid and valid reason. The court has observed that even when there is a dispute over the ownership of a property, the (electricity) authority cannot deprive the person in legal possession of electricity by insisting on bringing a No Objection Certificate (NOC) from those claiming to be the owner. .
In an order passed on November 14, Justice Manoj Kumar Ohri said, ‘There is no doubt that electricity is an essential service, which cannot be denied to a person without a cogent, valid reason. It is well established that despite continuing dispute as to the ownership of the property on which electricity connection is sought, the concerned authority is not asking the person in legal possession to produce NOC from the person claiming to be the owner. can.’
Comment on the petition of two senior citizens
The court’s observation came on a plea by two senior citizens seeking a direction to BSES-YPL to install new electricity meters in the premises in which they were staying. It was the grievance of the petitioners that BSES-YPL was seeking NOC from the brothers of one of the petitioners for installation of meters while they were involved in a property dispute.
Cannot refuse to supply electricity to tenant
The court noted in its order that the Supreme Court in one of its judgments has held that electricity is a basic facility and the tenant cannot be denied electricity on the ground of failure or refusal to issue the NOC by the landlord. and the Authority is only required to check whether the applicant resides in the disputed premises or not. The court asked the authority to process the application within two weeks without insisting on NOC and clarified that “this order shall not be construed as vesting any right of the petitioners with respect to the disputed premises”.
Tags: DELHI HIGH COURT
FIRST PUBLISHED : November 16, 2022, 21:26 IST