The Single Bench of the Delhi High Court in the case of Anita Sharma vs State (NCT of Delhi) & Ors. consisting of Justice Manoj Kumar Ohri held that electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate.

Facts

This writ petition was filed under Article 226 by the petitioner, who claims to be an occupant of the subject premises, seeking direction to respondent No.3/BSES to install a fresh electricity meter at the subject premises without insisting for a No Objection Certificate from respondent No.2/landlord.

Contentions Made

Petitioner: It was contended that the petitioner is a tenant in the subject premises and disputes are pending between the parties i.e., the petitioner and respondent No.2/landlord. It was also contended that respondent No.3 disconnected the electricity supply of the subject premises at the behest of respondent No.2.

Respondent: It was contended that respondent No.2 was the power of attorney holder of Sh. Suresh Kumar Gupta and Sh. Dinesh Kumar Gupta. He, on instructions, submitted that the owners undertake to seek a fresh electricity connection at the subject premises either in the name of Sh. Dinesh Kumar Gupta or respondent No.2. Learned counsel submitted that electricity would be supplied at the subject premises through the fresh connection. Learned counsel for respondent No.3 submitted that if directed, a fresh electricity connection would be installed at the subject premises, provided the petitioner/respondent No.2/Sh. Dinesh Kumar Gupta clear the pending electricity dues, if any.

Observations of the Court

The Bench noted that the learned counsel for the petitioner disputed the aforenoted submission made on behalf of respondent No.2 apropos the ownership of Sh. Suresh Kumar Gupta and Sh. Dinesh Kumar Gupta. It relied on Dilip (Dead) through Lrs. v. Satish & Ors. wherein it was held that electricity is a basic amenity of which a person cannot be deprived on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.

Judgment

The Bench disposed of this writ petition in the following terms, while clarifying that this order shall not be construed as recognising rights of any nature whatsoever, including either the ownership or possessory rights of the petitioner with respect to the subject premises. It was also clarified that no special equities shall flow in favor of the petitioner on account of this order:

  1. Sh. Dinesh Kumar Gupta/respondent No.2 on his behalf shall make an application for grant of a fresh electricity connection within seven days from the day of judgment. Respondent No.3 shall process the said application for installation of a fresh electricity connection forthwith without insisting on a NoC from co-owners.
  2. Either Sh. Dinesh Kumar Gupta or respondent No.2 shall comply with all the codal and commercial requirements of respondent No.3 and deposit a sum of Rs.10,000/- with respondent No.3 in addition to the regular security deposit that they are required to make under the rules or regulations.
  3. Petitioner shall pay the consumption charges in accordance with the bills raised by respondent No.3 from time to time/till the time she occupies the subject premises. In case of default, Respondent No.3 shall be entitled to disconnect the electricity supply.
  4. Sh. Dinesh Kumar Gupta/respondent No.2 shall not seek adjustment of the security deposit. However, on the petitioner vacating the premises or being evicted and surrender of the electricity meter, they shall be entitled to refund of the security deposit subject to adjustment of any dues of the respondent.
  5. If Sh. Dinesh Kumar Gupta/respondent No.2 fail to take the requisite steps within one week from the day of judgment, the petitioner shall be at liberty to seek electricity connection in her name and in that eventuality respondent No.3 shall not insist for a NoC from any of the owners.\

Case: Anita Sharma vs State (NCT of Delhi) & Ors.

Citation: W.P.(C) 6501/2022

Bench: Justice Manoj Kumar Ohri

Decided on: 20th October 2022

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