Electricity Is An Essential Service That A Person Cannot Be Deprived Without Cogent & Lawful Reason: Delhi HC

The Delhi High Court has observed that electricity is an essential service that cannot be deprived to a person without cogent and lawful reason.

The bench of Justice Manoj Kumar Ohri observed that "There is no gainsaying that electricity is an essential service, of which a person cannot be deprived without cogent, lawful reason."

The Court also observed 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 No Objection Certificate be furnished from others who also claim to be owners.

The Court made this observation while dealing with a plea filed by senior citizens seeking direction to respondent No.2/BSES-YPL to install a fresh electricity meter at the subject premises without insisting for No Objection Certificate.

Advocates C.M.Grover and Payal appeared for Petitioners whereas Advocate Rajesh Agnihotri appeared for the State of NCT of Delhi. Advocates Sanjeet Kumar Trivedi and Abhishek Chakraborty appeared for respondent No.2/BSES-YPL.

It was petitioners' case that when the petitioners had requested a new electricity connection, the same was denied for want of No Objection Certificate.

The Court observed that electricity is an essential service that a person cannot be deprived without cogent reasons.

At this stage, the counsel for BSES-YPL submitted that an application for fresh electricity connection in petitioners' name, as and when made by them, would be considered in accordance with law without insisting on NOC.

Thus the Court directed the petitioners to make an application for grant of a fresh electricity connection in their own name. The Court directed the BSES-YPL to process the petitioners' application for providing fresh electricity connection within two weeks.

The Court clarified that the instant order shall not be construed as recognizing any possessory rights of the petitioners with regard to the subject premises.

Accordingly, the petition was disposed of.

Cause Title- Sudharshan Kumar Sharma and Anr. v. State of NCT of Delhi and Ors.

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