On December 19, 2022, the Punjab and Haryana High Court, while restoring the electricity connection of a suit property, observed that the electricity is a basic necessity and is an integral part of right to life as enshrined under Article 21 of the Constitution of India. Therefore, a tenant having a possession of the suit property cannot be deprived of the electricity.
Brief Facts:
A revision petition was preferred by the petitioner i.e., the tenant (a shopkeeper) against the order dated 28.02.2022, passed by the learned Additional District Judge, Yamuna Nagar vide which his appeal filed against the order dated 19.01.2022, passed by learned Civil Judge, for the grant of an interim relief, by ordering the restoration of the electricity connection in his shop which was disconnected by the landlord, was dismissed.
Contentions of the Petitioner:
The counsel for the petitioner submitted that the impugned order suffered from a patent illegality and was violative of the fundamental rights of the petitioner, hence, deserved to be set aside. He additionally submitted that the courts while passing the impugned orders failed to appreciate that the petitioner was in possession of the suit property, and since, the electricity was a basic amenity, he could not be deprived of the same.
He further added that the electricity connection was disconnected by respondent No.1 with an ulterior motive so as to force the petitioner to vacate the suit property. The mala fide intentions on the part of respondent no. 1 could be seen from the fact that he had filed a suit for seeking possession of the suit property against the petitioner subsequent to the suit for permanent injunction instituted by the petitioner. The judgments of the cases, Dilip (dead) through LRs Vs. Satish and others and Dipali Dey (Baxi) Vs. Mira Das, were referred by the counsel.
Contentions of the Respondents:
The counsel, representing respondent No. 1, submitted that it was a matter of record that as per the rent agreement dated 07.07.2021, the lease pertaining to the suit property, in favour of the petitioner stood expired on 30.09.2021. Hence, in the circumstances, the petitioner had no right to continue being in possession of the suit property.
He further added that the respondent No.1 had even terminated the tenancy of the petitioner vide legal notice dated 04.10.2021, hence, the status of the petitioner was of an illegal occupant and as such he had no right to claim a restoration of the electricity connection.
Observations of the Court:
The Hon’ble court observed that the petitioner was in possession of the suit property and his eviction was not yet ordered by a competent Court of law. The court further added that “it cannot be over-emphasized that the electricity being a basic necessity, is an integral part of right to life as enshrined under Article 21 of the Constitution of India. Therefore, as long as the petitioner is in possession of the suit property, he cannot be deprived of the electricity.”
The Decision of the Court:
The Revision Petition was allowed while setting aside the impugned orders. The electricity connection of the suit property was restored, subjected to the payment of the requisite charges by the petitioner.
Case Title: Om Parkash Vs. Balkar Singh and others
Coram: Hon’ble Mrs. Justice Manjari Nehru Kaul
Case No.- CR-1153-2022
Advocate for Petitioner: Mr. Manoj Kumar Pundir
Advocate for Respondents: Mr. Shantanu Bansal
Read Judgement @LatestLaws.com:
Picture Source :
