"Electricity an essential service; a person cannot be deprived of it without lawful reason”: Delhi High Court

The Delhi High Court on Monday observed that Electricity is an essential service and a person cannot be deprived of it without a cogent, lawful reason.

Justice Manoj Kumar Ohri noted that even if there are disagreements on ownership of the property where an electricity connection is sought, the concerned authorities “cannot deprive” the legal occupant of the property by requiring a NOC from others who also claim to be owners.

The court was hearing a plea by two senior citizens, residents of Shahdara, Delhi, seeking directions to BSES-YPL to install a fresh electricity meter at their premises without insisting on a ‘No Objection Certificate'.

The counsel for the petitioners submitted that while electricity connections were granted to two of the respondents without insisting on a NOC when they requested a new electricity connection, the same was denied due to a lack of NOC from BSED-YPL.

The single-judge bench noted that the electricity supply to the petitioners' premise was provided under an inter se arrangement, which resulted in numerous disputes between the parties.

“There is no gainsaying that electricity is an essential service, of which a person cannot be deprived without cogent, lawful reason. It is well-settled 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 a NOC be furnished from others who also claim to be owners”, the court observed.

Justice Ohri further placed reliance on Apex Court’s judgment in Dilip (dead) through Lrs. V. Satish & Ors., wherein it observed,

“... It is now a well-settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined by a tenant on the ground of failure/refusal of the landlord to issue a no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.”

Accordingly, the court directed the BSED-YPL to process the petitioner's application for providing a new electricity connection immediately without requiring NOC, within two weeks of the date of application submission.

Furthermore, the court clarified that the order shall not be construed as recognizing the petitioners' possessory rights to the subject premises and shall be “without prejudice” to the parties' rights and contentions in their pending disputes. Furthermore, the court stated that no special equities shall flow in the petitioners’ favor.

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