The Delhi High Court has held that right to electricity is a fundamental right and the same cannot be curtailed to a person in lawful possession of property merely because there is an ongoing dispute between the landlord and the tenant.

The Court was considering a Writ Petition seeking a direction to restore the electricity supply either through the old meter or install a new electricity meter at the premises, without insisting on the "No Objection Certificate" from Landlords of the premises.

The Bench of Justice Mini Pushkarna held, "It is to be noted that electricity is a basic necessity and an integral part of right to life under Article 21 of the Constitution of India. Thus, as long as the petitioner is in possession of the property in question, he cannot be deprived of the same."

The Petitioner was represented by Advocate Vishal Saxena, while the Respondent was represented by Advocate Sharique Hussain.

Facts of the Case

Counsel for the Petitioner submitted that the Petitioner is a tenant in possession of the third floor of the premises in question since the year 2016, in pursuance of several registered lease deeds. However, the Respondent No. 2 filed a Civil Suit against the Petitioner, which was pending before the District Judge, which was seeking recovery of possession, arrears of rent, mesne profits, and a permanent injunction against the Petitioner.

Further, the Petitioner has also filed a counterclaim against the Respondent No. 1, seeking inter alia, decree of mandatory and permanent injunction and thereby, directing the Respondent No. 1 to restore the continuous water supply, which was deliberately disconnected by the Respondent Nos. 1 and 2.

It was submitted that the electricity meter was installed and registered in the names of Respondent Nos. 2 and 3 and the Petitioner has been receiving electricity in the tenanted premises through the said connection. Further, the Petitioner had been paying the electricity charges to BSES Rajdhani Power Limited from time to time, and electricity was continuously being supplied to the Petitioner.

It was 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 Respondent no. 1 disconnected the supply and removed the electricity meter on November 28, 2025.

After the dues were cleared and the Petitioner initiated request for restoration of electricity, the BSES Department insisted on the NOC from the Respondents, the landlords. Nonetheless, the Respondents refused to provide any NOC to the Petitioner.

Reasoning By Court

The Court at the outset noted that the Courts in a catena of judgments have categorically held that electricity is one of the Fundamental Rights for existence and protected under Article 21 of the Constitution of India and further, no citizen can be expected to live a life devoid of basic necessities such as electricity.

The Electricity Department was thus directed to restore the electricity connection to the third floor of the property in question.

The Petition was accordingly disposed of.

Cause Title: Shri Maiki Jain v. BSES Rajdhani Power Ltd. And Ors.

Appearances:

Petitioner- Advocates Vishal Saxena, Meenakshi Garg and Rashi Aggarwal

Respondent- Advocates Sharique Hussain and Kirti Garg

Click here to read/ download Order






















Allahabad High CourtJustice Mini Pushkarna

Sheetal Joon