The Delhi High Court ruled that electricity is a fundamental right for existence and is protected under Article 21 of the Constitution of India. Furthermore, no citizen can be expected to live a life devoid of necessities, such as electricity. The Court therefore clarified that a pending landlord and tenant dispute cannot be the basis for depriving electricity, which is a basic amenity.
Admittedly, the Court noted that there were pending disputes between the petitioner and respondent, i.e., the landlord and the tenant. However, the fact of the matter is that the petitioner is in possession of the property in question, lawfully, and till the time, there is any eviction order is passed against the petitioner by a Court of law, the possession of the petitioner cannot be said to be unlawful.
A Single Judge Bench of Justice Mini Pushkarna, therefore, directed the respondent-landlord to restore the electricity connection to the third floor of the property in question from the already existing meter, which is installed and registered in the names of the tenant, and the landlord, being registered consumers of the electricity connection in the premises in question, shall not insist on any NOC.
The Bench also directed the landlord to cooperate with the Electricity Department and not disrupt it in restoring the electricity connection of the petitioner-tenant. In case of resistance from the landlord in restoring the electricity connection, the Electricity Department is at liberty to seek police assistance.
The Bench, however, clarified that this order shall not be construed as recognising any possessory rights of the petitioner about the property in question. Further, the order passed shall not be construed as conferring any special equity in favour of the petitioner and shall not prejudice the rights and contentions of the parties in their pending disputes.
Briefly, the petitioner-tenant has been living in the landlord’s property since 2016, but due to some financial issues, the tenant fell behind on rent and electricity payments. Consequently, the landlord filed a court case to recover the rent arrears, which is still ongoing. BSES Rajdhani cut off the electricity connection and asked the tenant to get an NOC from the landlord for reconnection.
The landlord denied the NOC and also disconnected the tenant’s water supply and put the electricity meter in a closed, locked cage. The tenant later settled all pending electricity charges, but the electricity connection was still not restored by BSES Rajdhani due to a lack of NOC from the landlord.
Appearances:
Advocates Vishal Saxena, Meenakshi Garg and Rashi Aggarwal, for the Petitioner
Advocates Sharique Hussain and Kirti Garg, for the Respondent
