In a significant procedural challenge surrounding access to basic civic amenities, the Delhi High Court examined whether a power distribution company can deny electricity to an occupied residential property merely because the building is tagged as “unauthorized,” raising sharp concerns about electricity theft, public safety, and administrative rigidity in the Capital.
The controversy began when a resident of Baljeet Nagar, Patel Nagar, approached the High Court after BSES Yamuna Power Limited refused to grant an electricity connection to a third-floor property. Counsel for the petitioner argued that the denial was unjustified, pointing to an earlier High Court judgment clarifying that no No Objection Certificate from the Municipal Corporation of Delhi (MCD) is required for electricity supply even if a property is booked for unauthorized construction.
BSES, on its part, told the Court it had no objection in principle but maintained that the petitioner must submit a fresh application, as the earlier request had lapsed over time, and comply with all commercial and technical formalities.
After hearing all sides, the Court anchored its reasoning in its own November 2025 ruling, which warned against the unintended fallout of denying electricity to occupied premises. The Court reiterated that when power is withheld, “there may be unauthorised use of electricity,” which in turn fuels theft and creates “an unwarranted and avoidable threat to the safety of the people.” Stressing that electricity supply does not legalise unauthorized construction, the Court held that there is “no impediment” to granting power connections to such premises, subject to MCD’s right to seek disconnection during sealing or demolition.
Consequently, the Court directed the petitioner to apply afresh within a week, comply with all formalities, and ordered BSES to grant the electricity connection expeditiously, preferably within four weeks, while allowing the utility to act in accordance with law in case of future defaults.
Case Title: Indrawati Devi vs. BSES Yamuna Power Ltd and Ors.
Case No.: W.P.(C) 19762/2025
Coram: Justice Mini Pushkarna
Advocate for Petitioner: Adv. Kamlesh Kr. Mishra, Rajeev Dubey, Shivani Verma, Renu, Mansi, Vikas Tripathi
Advocate for Respondent: Adv. Rishab Raj Jain, Sharique Hussain, Vasudha Arora, Shilpa Dewan, Anirudh Dusaj, Pramod Kumar, Azhar Kamal Quadri
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