‘Landlord not liable for tenant’s electricity theft’: Allahabad High Court orders fresh connection

‘No power to recover from landlord’

• The petitioner’s counsel had argued that his client applied for an electric connection for the top floor of the premises under his occupation.
• It was contended that he had a tenant occupying the ground floor, who committed theft of electricity. It was further argued that the petitioner has obtained an eviction decree against this tenant, and execution is pending.
• The Allahabad High Court was informed that the supply company was not providing a fresh connection to the petitioner unless the dues arising from the alleged theft were cleared.
• At the outset, the court noted that the supply company must find a remedy against the thief. It further added that the inability or failure to recover dues cannot grant the supply company the power to recover the same from the petitioner landlord.
• In this case, the tenant is alleged to be a thief who never had a power connection, the Allahabad High Court observed, adding that as far as sub-clause (viii) of the UP Electricity Code, 2005, is concerned, it is not a case of subsequent owner seeking connection but “petitioner landlord seeking connection on his separate settled possession of the premises.”

• It emphasised that the petitioner was a landlord who was in settled possession of a separate portion of the premises and could not be denied electricity on account of the tenant’s alleged theft.
• The supply company can recover outstanding dues on a connection from a subsequent occupier/owner of premises, the Allahabad High Court said, pointing out that the distinction is to be understood.
• The petitioner says he is the landlord and in “settled possession” of his portion of the premises, the bench noted.
• Relying on the decision of the Calcutta High Court in Abhimanyu Mazumdar v Superintending Engineer, the court reiterated that a person in settled possession is entitled to an electricity connection.
• It therefore directed the authorities to consider the petitioner’s application for an electricity connection.
• The petitioner’s application for electric connection must be granted within two weeks from the communication of a certified copy of this order, the Allahabad High Court ordered.
• The prescribed new connection charges are only to be demanded from and paid by the petitioner.

‘Electricity integral part of right to life’

In another case, the Delhi High Court held that access to electricity is an integral part of the right to life under Article 21 of the Constitution, and it cannot be denied to a person merely because of a pending landlord-tenant dispute.

Justice Mini Pushkarna was hearing the plea of a tenant seeking direction to the power distributor to restore the electricity supply at his rented premises without insisting on the No-Objection Certificate (NOC) from the landlord.

“It is to be noted that electricity is a basic necessity and an integral part of the right to life under Article 21 of the Constitution of India. Thus, as long as the petitioner has the property in question, he cannot be deprived of the same,” the court observed.