3 min readNew DelhiNov 17, 2022 12:41 PM IST
First published on: Nov 17, 2022 at 12:00 PM IST
In a plea seeking direction to a private discom to install a fresh electricity meter without asking for a no objection certificate (NOC), the Delhi High Court has observed that electricity is an essential service and a person cannot be deprived of it without cogent and lawful reasons.
A single judge bench of Justice Manoj Ohri in its judgment of November 14 held, “It is well-settled that even if disputes exist as to ownership of the 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 claim to be owners.”
The plea was moved by a senior citizen couple embroiled in a partition suit with the brothers of the husband. They sought the installation of a fresh electricity connection from BSES Yamuna Power Ltd (BYPL) but the same was denied for want of NOC by the husband’s brothers. The couple said that though an electricity connection was granted to two brothers without NOC from the couple, the same was denied to them. “Presently, the electricity supply to the portion occupied by petitioners in the subject premises is received as per inter se arrangement, however the same has led to multiple disputes between the parties,” the high court noted.
The couple’s lawyer said that they were ready and willing to “apply afresh for grant of new electricity connection”. The couple further undertook to comply with all the “codal and commercial formalities” of BYPL. They also submitted that there were no outstanding dues with respect to the electricity connection installed at the subject premises. This was confirmed by the counsel appearing for BYPL during the course of the proceedings. BYPL counsel further said the discom would consider the couple’s application for a fresh electricity connection in accordance with the law, without insisting on the NOC from the brothers.
Disposing of the plea, the high court directed BYPL to process the couple’s application for providing fresh electricity connection forthwith without insisting on NOC from the brothers within two weeks from the date of filing of the application.
The high court also directed the couple to pay “consumption charges” in accordance with the bills raised by the discom from time to time or till the time they occupy the subject premises. The high court, however, said that BYPL would be entitled to disconnect the electricity supply at the subject premises in case the couple fails to pay the electricity charges.
Delhi High Court has observed that electricity is an essential service and a person cannot be deprived of it without cogent and lawful reasons. (File) 
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