Court Directs Railway Authorities to Provide Electricity Connection to Petitioner, Citing Article 21 of the Constitution
In a landmark decision, the Allahabad High Court has reinforced the fundamental right to electricity, ruling it as an essential human necessity under Article 21 of the Constitution of India. The Division Bench, comprising Justices Prakash Padia and Vivek Saran, delivered the judgment in favor of the petitioner, Fanindra Das, directing the Railway Authorities to provide an electricity connection within 30 days.
The case, Writ-C No. 51747 of 2012, revolved around the denial of an electricity connection to Fanindra Das, whose father was a 'Mahant' at a temple within the Railway Colony in Ballia. Despite existing connections provided during his father's lifetime, the Railway Authorities refused to transfer the connection to Das, citing a Railway Board order that restricts such connections on private land not linked to Railway operations.
The court, however, emphasized that the right to life under Article 21 extends beyond mere survival, encompassing access to basic necessities such as electricity. Citing precedents from the Supreme Court, including Chameli Singh v. State of U.P. and Dilip (Dead) v. Satish, the bench highlighted electricity as a crucial component of modern living, aligning with the principles of human dignity and development.
The judgment criticized the respondents for denying Das access to electricity despite acknowledging his residence in the disputed premises. It underscored the duty of state authorities to ensure citizens can access essential services unless explicitly barred by law.
In conclusion, the court quashed the impugned orders from 2011 and 2012 by the Railway Authorities, mandating them to facilitate the electricity connection unless a statutory impediment exists. This decision reaffirms the judiciary's role in safeguarding constitutional rights, particularly in ensuring access to basic amenities.
Bottom Line :
Right to electricity connection is a basic human necessity and fundamental right under Article 21 of the Constitution of India. Authorities cannot deny electricity connection unless there is a statutory impediment.
Statutory provision(s): Article 21 of the Constitution of India
Fanindra Das v. General Manager, (Allahabad)(DB) : Law Finder Doc id # 2987391
