In a recent judgement, the Delhi High Court has said that electricity is an essential service and a person cannot be deprived of it without a cogent and lawful reason, even if there is a dispute on property.
“It is a well settled that even if dispute exists regarding the ownership of a 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 claims to be owners,” Justice Manoj Kumar Ohri said in judgement passed on November 14. The bench was dealing with a petition moved by senior citizens seeking direction to BSES-YPL to install a fresh electricity meter at the ground floor of the subject premises in Vishvas Nagar Shahadar without insisting for NOC from respondents.
The respondents are real brothers of the petitioner and a suit for partition of property is going on between them, the counsel for petitioners submitted.
Advocate MC Grover also submitted that while electricity connection was granted to two of the respondents without insisting on NOC from the petitioner, however when the petitioner requested for a new electricity connection, the same was denied for the want of NOC from the three respondents.
It was also submitted that the petitioners are ready and willing to apply afresh for grant of new electricity connection. They undertook to comply with the all the codal and commercial formalities of BSES and there are no outstanding dues with respect to the electricity connection installed at the subject premises.
On the other hand, it was submitted by the counsel for BSES that petitioner’s request for a new connection was not acceded to in view of the objection raised by other brothers (respondents). He also confirms that there are no dues outstanding in relation to meter installed at the premises.
It was also submitted by the counsel that the application for fresh electricity connection in petitioner name, as and when, made by them, would be considered in accordance with law without insisting on NOC from other brothers.
The court directed that the respondent BSES shall process the petitioner application for providing fresh electricity connection without insisting on NOC from respondents within two weeks from the date of filing of the application.
The court also directed the petitioner to make an application for grant of a fresh electricity connection in their name.
(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)
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