In W.P.(C) 17470/2022-DEL HC- Even if disputes exist regarding ownership of property at which electricity connection is sought, Authorities cannot deprive legal occupant by insisting that NOC be furnished from others who also claim to be owners: Delhi HC
Justice Manoj Kumar Ohri [11-01-2023]

Read Order: REAL ANCHORS PROJECTS LLP & ORS v. NCT OF DELHI & ORS 

LE Correspondent

New Delhi, January 12, 2023: While observing that electricity is an essential service, of which a person cannot be deprived without cogent & lawful reason, the Delhi High Court has asked the occupants to make an application for grant of electricity connection to BSES-RPL and directed the Authorities not to ask for NOC from the landlord.

The Single-Judge Bench of Justice Manoj Kumar Ohri was considering a writ petition filed under Article 226 of the Constitution by tenants/occupants of Aqua Green Farm House situated in Delhi seeking directions to Respondent-BSES-RPL to install a fresh electricity meter at the subject premises without insisting for a No Objection Certificate from the landlord-third respondent.

It was the case of the tenants that the landlord/owner of the subject premises had initially granted lease hold rights to the petitioners upon the said property for residential purpose for a period of 3 years vide a Rent Agreement. Later, disputes arose between the parties and the landlord filed a civil suit against the petitioners seeking possession of the subject premises, which was pending adjudication before the concerned Court.

It was their contention that without affording any opportunity, BSES-RPL disconnected the electricity supply of the meter installed in the name of the owner at the subject premises and the request of the petitioners to restore the electricity supply was not acceded to for want of No Objection Certificate from the landlord. It was also submitted that there were no outstanding dues with respect to electricity connection installed at the subject premises.

“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 an NOC be furnished from others who also claim to be owners”, the Bench said.

The Bench also referred to the judgment of the Top Court in Dilip (Dead) through Lrs. v. Satish & Others,wherein it was held that electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue 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.

Keeping such aspects into consideration, the Bench asked the Petitioners to make an application for grant of a fresh electricity connection in their own name.The Authorities were also directed to process the petitioners’ application for providing fresh electricity connection forthwith without insisting on NOC from the owner. 

The Bench concluded the matter by observing that the order was without prejudice to the rights and contentions of the parties and would not be construed as recognizing rights of any nature including either the tenancy or possessory rights of the petitioners with respect to the subject premises.