Court affirms electricity as a fundamental right under Article 21, directing restoration without landlord's NOC
In a significant ruling reinforcing tenant rights, the Delhi High Court has directed the restoration of electricity supply to the premises occupied by Shri Maiki Jain, despite an ongoing dispute with the landlords. The judgment, delivered by Justice Mini Pushkarna, underscores electricity as a basic necessity integral to the right to life under Article 21 of the Indian Constitution.
The petitioner, Shri Maiki Jain, has been a tenant at GB-20, Third Floor, Shivaji Enclave, New Delhi, since 2016. Disputes with landlords Anil Kumar Kalra and others led to the disconnection of electricity by BSES Rajdhani Power Ltd., despite the petitioner having cleared all outstanding dues. The landlords refused to provide a No Objection Certificate (NOC) necessary for restoring the connection, prompting the petitioner to seek judicial intervention.
Justice Pushkarna emphasized that ongoing landlord-tenant disputes cannot justify depriving a tenant of essential services like electricity. The court's directive mandates BSES Rajdhani Power Ltd. to restore electricity without insisting on an NOC from the landlords. The judgment further instructed the landlords to cooperate in restoring the supply and allowed the electricity provider to seek police assistance if necessary.
The court's decision aligns with previous judgments affirming electricity as a fundamental right necessary for a dignified life. The ruling clarifies that while the order facilitates the restoration of electricity, it does not confer any possessory rights or special equities to the tenant, leaving the door open for the pending legal disputes to be resolved separately.
Bottom Line:
Electricity supply is a basic necessity and forms an integral part of the right to life under Article 21 of the Constitution. A tenant in lawful possession of premises cannot be deprived of electricity supply, even amidst disputes with the landlord.
Statutory provision(s): Article 21 of the Constitution of India
Shri Maiki Jain v. BSES Rajdhani Power Ltd., (Delhi) : Law Finder Doc Id # 2822125
