Electricity fundamental right, can’t be denied due to tenant-landlord dispute: Delhi High Court

The court further said that it is needless to state that courts in a series of judgments have categorically held that electricity is one of the fundamental rights for existence and is protected under Article 21 of the Constitution of India.

“No citizen can be expected to live a life devoid of basic necessities such as electricity,” the court held.

The court said it is to be noted that a pending landlord and tenant dispute cannot be the basis for depriving electricity, which is a basic amenity.

The court said that, admittedly, there are pending disputes between the petitioner and landlords. However, the fact of the matter is that the petitioner is in possession of the property in question, lawfully, and till the time any eviction order is passed against the petitioner by a Court of law, the possession of the petitioner cannot be said to be unlawful.

Case

The petitioner had filed the plea seeking direction to the power distributor to restore the electricity supply at his rented place, without insisting on the No Objection Certificate (NOC) from the landlord of the said premises in question.

The petitioner had the possession of the premises since the year 2016, in pursuance of several registered lease deeds. But there is some dispute going on between the tenant and landlord.

In 2025, one of the landlords filed a civil suit against the petitioner, which is pending before the Tis Hazari Court, seeking recovery of possession, arrears of rent, mesne profits, and a permanent injunction against the petitioner herein.

In December, the petitioner also filed a counterclaim against the power distributor, seeking, inter alia, a decree of mandatory and permanent injunction against the power distributor, and thereby directing them to restore the continuous water supply that the landlords had deliberately disconnected.

Arguments

Appearing for the petitioner, advocates Vishal Saxena, Meenakshi Garg, and Rashi Aggarwal submitted that due to temporary financial hardship, the petitioner was unable to clear the pending electricity charges for the months of September-October, 2025. Resultantly, the power distributor disconnected the supply and removed the electricity meter on 28th November, 2025.

It is further submitted that the petitioner has cleared the outstanding electricity dues on 28th November, 2025, itself, and that no amount remains payable to the power distributor.

They further argued that subsequent to such payment, the petitioner requested the power distributor to restore the electricity and/or to install the electricity meter at the said premises. However, the power distributor insisted upon an NOC from the landlords.

Advocates Sharique Hussain and Kirti Garg, who appeared for the power distributor company, submit that landlords are the registered consumers of the electricity and that the electricity connection was disconnected on account of non-payment of electricity dues.

They further argued that subsequently, they had received a communication from landlords, not to reconnect the electricity connection on the third floor of the property in question; thus, the electricity connection has not been restored.

Decision

The court directed the power distributor to restore the electricity connection of the property in question from the already existing meter, and shall not insist on any NOC from landlords.

The court further directed the landlords that they shall cooperate with the tenant and shall not disrupt the tenant in restoring the electricity connection of the petitioner.