Electricity is one of the Fundamental Rights for existence under Article 21 of the Constitution of India: High Court of Delhi
Electricity is one the Fundamental Rights for existence under Article 21 of the Constitution of India, subject to the complementation with other requirements. Therefore, the right to have electricity would not be construed as recognising any tenancy or possessory rights with regard to the subject property. These were stated by the High Court of Delhi, consisting Justice Sanjeev Sachdeva in the case of Ashish Gupta vs. Tata Power Delhi Distribution Limited [W.P.(C) 890/2022] on 14.01.2022. The facts of the case are that the petitioner is a tenant in the subject property in which there are certain disputes between the petitioner and landlord. The petitioner filed a suit for mandatory injunction seeking restoration of electricity connection. However, the said suit was rejected on the ground that there is a suit for possession filed by the landlord against the property and the relief of restoration of electricity could be agitated in the said proceedings. Petitioner seeks a direction to respondent/Tata Power Delhi Distribution Limited (TPDDL) to either restore the electricity supply or install a fresh connection in the property. The learned Counsel for the petitioner contended that it is a settled proposition of law that electricity is one the Fundamental Rights for existence under Article 21 of the Constitution of India, subject to the complementation with other requirements. Further, it was submitted that on vacating the premises or being evicted and surrender of the electricity meter, petitioner shall be entitled to refund of the security deposit subject to adjustment of any dues of the respondent. The learned Counsel for the respondent submitted that respondents have no objection in granting electricity connection in the name of the petitioner, provided the petitioner clears the pending electricity dues, if any, in respect of the above connection and further makes a fresh application for grant of a connection in his name and further subject to payment of additional security deposit over and above the regular security deposit.
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 890 2022 Judgment delivered on: 14.01.2022 ASHISH GUPTA ….. Petitioner TATA POWER DELHI DISTRIBUTION LIMITED ....Respondent Advocates who appeared in this case: For the Petitioner: Mr. Pankaj Kumar Advocate. For the Respondent: Mr. Manish Srivastava Mr. Akhil Hasija and Mr. Mayank Garg Advocates CORAM: HON’BLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA J.The hearing was conducted through video conferencing. Petitioner seeks a direction to respondent Tata Power Delhi Distribution Limitedto either restore the electricity supply to CA No.60019111651 or install a fresh connection in the third floor of property number 83 Tagore Park New Delhi 110009. Learned counsel for the petitioner submits that the petitioner is a tenant in the subject property though there are certain disputes W.P.(C) 890 2022 between the petitioner and landlord. Learned counsel submits that the petitioner had filed a suit for mandatory injunction seeking restoration of electricity connection. However the said suit was rejected on the ground that there is a suit for possession filed by the landlord against the property and the relief of restoration of electricity could be agitated in the said proceedings. Issue notice. Notice is accepted by learned counsel for Learned counsel appearing for the respondent TPDDL submits that respondents have no objection in granting electricity connection in the name of the petitioner provided the petitioner clears the pending electricity dues if any in respect of the above connection and further makes a fresh application for grant of a connection in his name and further subject to payment of additional security deposit over and above the regular security deposit. The civil suit filed by the petitioner seeking mandatory injunction for restoration of electricity having been dismissed on the ground of an alternative remedy will not debar him from filing a petition under Article 226 of the Constitution of India as it is a settled proposition of law that electricity is one the Fundamental Rights for existence and protected under Article 21 of the Constitution of India subject to the petitioner complying with other requirements. W.P.(C) 890 2022 following terms: In view of the above this petition is disposed of in the Petitioner shall make an application for grant of a fresh electricity connection in his own name. ii) Respondent shall process petitioner’s application for installation of a fresh electricity connection without insisting on a NOC from the owner. iii) Petitioner shall comply with all the codal and commercial requirements of respondent TPDDL. iv) Petitioner shall also deposit a sum of Rs. 10 000 with the respondent TPDDL in addition to the regular security deposit that the petitioner is required to make under the rules or regulations. time to time. Petitioner shall pay the consumption charges accordance with the bills raised by respondent TPDDL from vi) Petitioner shall not seek adjustment of the security deposit. However on the petitioner vacating the premises or being evicted and surrender of the electricity meter petitioner shall be entitled to refund of the security deposit subject to adjustment of any dues of the respondent. W.P.(C) 890 2022 vii) Respondent shall be entitled to disconnect the electricity supply in case petitioner fails to pay the electricity charges. viii) Application of the petitioner shall be processed and electricity connection shall be installed within two working days of the petitioner completing all the formalities. It is clarified that this order is without prejudice to the rights and contentions of the parties and shall not be construed as recognising any tenancy or possessory rights of the petitioner with regard to the subject property and would be without prejudice to the pending dispute with the landlord. No special equities shall flow in favour of the Petitioner because of this order. 10. The writ petition is disposed of in the above terms. 11. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email. SANJEEV SACHDEVA J. JANUARY 14 2022 W.P.(C) 890 2022 