Read Time: 05 minutes

Synopsis

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad of the Delhi High Court has sought Centre’s response as to why NOC has not been issued to the migrants from Pakistan who are residing in the Adarsh Nagar area without electricity for the last five to six years.

The Court was hearing a Public Interest Litigation (PIL) filed on behalf of Hindu Migrants who arrived in India from Pakistan and are residing in Adarsh Nagar near Majlis Park Metro Station and are poor people who live in a cluster of jhuggis. They all have been issued Aadhar cards and are on long-term Visas (LTV) from the Government of India. The PIL plea also stated that the authorities are demanding proof of ownership of land.

The counsel for the petitioner relied on Rule 9(1) of the Electricity (Rights of Consumer) Rules, 2020, and argued that proof of ownership is not required under the Rules and that a person who is not the owner but is an occupant, can apply for an electricity connection.

On the contrary, the counsel for Tata Power Delhi Distribution Limited (TPDDL) argued that a NOC is unquestionably required as certain poles will need to be erected to provide adequate electricity. He further stated that the land on which the Jhuggis have been established belongs to the Government of India/Defense Department/DMRC and that the distribution company is unable to provide Electricity Connection in the absence of a NOC from the land-owning agency.

Court noted that the migrants approached the distribution company for electricity supply as they needed a connection and the only requirement they are unable to meet is a NOC from the land-owning agency.

Court further noted that there are small children and women in the area, and lack of electricity has made it extremely difficult for these families to survive.

Conclusively, court stated that it hopes and trusts that the Government of India will look into the plight of the migrants sympathetically, and directed them to file a proper affidavit positively within two weeks.

Accordingly, the court posted the matter on October 6, 2022, for further hearing. 

Case Title: Hariom v. State (NCT of Delhi)