Person Can’t be Deprived of Electricity: Delhi High Court Directs Installation of a fresh electricity metre without NOC 

electricity

The Delhi High Court has held that electricity is an essential service, of which a person cannot be deprived without cogent and lawful reason.

The court directed BSES Yamuna Power Ltd to install a fresh electricity metre without NOC from their family members.

Facts

The petitioners were the senior citizens and residents of the ground floor of the house has sought the direction to BSES-YPL to install a fresh electricity metre at the premises without insisting for No Objection Certificate.

The petitioners submits that petitioner and respondents are real brothers. A civil suit  for partition and permanent injunction is pending between the parties. 

It was submitted while electricity connection was granted to two of the respondents without insisting on no Objection Certificate from the petitioners, however when the petitioners requested for a new electricity connection, the same was denied for want of No Objection Certificate from respondent. 

Presently, the electricity supply to the portion occupied by petitioners in the subject premises is received as per inter se arrangement, however the same has led to multiple disputes between the parties.

The petitioners submited that they are ready and willing to apply afresh for grant of new electricity connection. He, on instructions, submits that the petitioners undertake to comply with all the codal and commercial formalities of respondent and there are no outstanding dues with respect to electricity connection installed at the subject premises.

Court’s Decision

The single bench of Justice Manoj Kumar Ohri has held that even if disputes exist as to ownership of the property at which an electricity connection is sought, the concerned authorities cannot deprive the legal occupant thereof by insisting that an NOC be furnished from others who also claim to be owners. 

The court directed BSES Yamuna Power Ltd that the Application of the petitioners shall be processed and electricity connection shall be installed within two working days of the petitioners completing all the formalities.

Case Title: Sudharshan Kumar Sharma v/s State of NCT of Delhi and Ors.

Citation: W.P.(C) 13217/2019

Date of Decision: 14.11.2022

Click here to read the Order/Judgment 

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