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Synopsis

The Delhi High Court, on Monday, stated that the Pakistani Hindu migrants should have been given No Objection Certificates (NOC) Diwali Gifts, to the migrants who are residing in the Adarsh Nagar area, without electricity for the last five to six years.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad hearing the present matter, had earlier sought an explanation from the Central Government as to why NOC has not been issued to the migrants.

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 had 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.

Advocate Anurag Ahluwalia appearing for the Central Government, informed the bench that the issue is being looked into by the highest authorities while seeking some more time to file its response.

To which the bench said that the migrants are without electricity, they are your own people, they should have been given a Diwali gift. The bench has listed the matter for further hearing on November 10.

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.

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