Sakina Tashrifwala
Published on: 18 November 2022 at 18:22 IST
The Delhi High Court has ruled that electricity is an essential service and that a person cannot be denied access to it without a valid legal justification, regardless of whether there is a property dispute.
In a ruling issued by Justice Manoj Kumar Ohri stated, “It is well established that even if there is a dispute over who is the rightful owner of a property at which an electricity connection is requested, the concerned authorities cannot deny the legal occupant thereof by demanding that a NOC be furnished from others who also claim to be owners.”
The bench was considering a senior citizens’ petition asking that BSES-YPL be instructed to install a new electricity metre on the ground floor of the subject property in Vishvas Nagar Shahadar without requiring the respondents’ consent first.
According to the petitioners’ counsel, the respondents are the petitioner’s actual brothers, and they are now involved in a property division lawsuit.
While two of the respondents received power connections without the petitioner’s NOC, according to advocate MC Grover, the petitioner’s request for a new connection was turned down since the three respondents’ NOC was missing.
Additionally, it was said that the petitioners are prepared and eager to submit a new application for approval of a new electrical connection. They committed to following all BSES legal and business requirements, and there are no unpaid balances related to the electrical connection installed at the subject premises.
On the other side, the representative for BSES said that the refusal of the other brothers to grant the petitioner’s request for a new connection prevented it from being granted (respondents). Additionally, he attests that there are no unpaid fees associated with the on-site metre.
The lawyer further stated that the application for a new power connection made by the petitioners would be taken into consideration in accordance with the law without requiring a NOC from other brothers.
The court ordered the respondent BSES to handle the petitioner’s request for a new energy connection within two weeks of the application’s filing date, without demanding a NOC from the respondents.
The petitioner was also instructed by the court to submit an application for the granting of a new power connection in their name.