Grant of electricity connection cannot be denied solely on the grounds of unauthorized construction

Delhi High Court Directs Grant of Electricity Connections Despite Unauthorized Constructions Court rules in favor of residents, mandates electricity supply even as MCD delays action against unauthorized buildings.  

In a landmark judgment, the Delhi High Court has directed BSES Yamuna Power Limited to provide electricity connections to premises marked for unauthorized construction. The judgment addresses the long-standing issue of delayed actions by the Municipal Corporation of Delhi (MCD) against such constructions, which has often resulted in residents living without basic amenities like electricity.  

Presiding over the case, Justice Mini Pushkarna emphasized that the mere booking of a property for unauthorized construction should not be grounds to deny essential services like electricity, especially when MCD delays any decisive action. The court noted that inaction from MCD, which sometimes extends over several years, cannot justify withholding electricity connections.  

The judgment came in response to directives issued by the Consumer Grievance Redressal Forum (CGRF), which had earlier ordered the electricity provider to grant connections despite the pending status of unauthorized constructions. The court highlighted that denying electricity can lead to unauthorized usage and increase risks to public safety, emphasizing that it is crucial to ensure safe electricity usage and curtail theft even in disputed constructions.  

The court recognized the challenges faced by MCD, including pending appeals in the Appellate Tribunal MCD (ATMCD) and applications for regularization that can delay enforcement actions. The court also acknowledged scenarios where demolition is hindered by legal protections under laws like the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011, which restricts actions against certain unauthorized constructions.  

To balance the interests of the residents and the statutory obligations of the MCD, the court instructed that electricity connections should be maintained until MCD takes concrete action against unauthorized constructions. The court further directed that electricity companies must disconnect supply when MCD finally proceeds with demolition or sealing actions, ensuring compliance with MCD directives at that time.  

This judgment reinforces the need for coordination between electricity companies and MCD, urging DISCOMS to work alongside MCD and comply with directives for disconnection during enforcement actions. The decision is poised to bring relief to many residents facing similar issues, ensuring they are not deprived of essential services due to procedural delays.  

Bottom Line:

Grant of electricity connection cannot be denied solely on the grounds of unauthorized construction if action by MCD against such construction is delayed or pending.

Statutory provision(s):  

• - Consumer Grievance Redressal Forum (CGRF) Directives  
• - Municipal Corporation of Delhi (MCD) Regulations  
• - National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011

BSES Yamuna Power Limited v. Bhagwanti, (Delhi) : Law Finder Doc Id # 2809029