The Delhi High Court while dealing with a Public Interest Litigation (PIL) filed on behalf of the Hindu migrants who came from Pakistan to India, directed Tata Power Delhi Distribution Limited to provide electricity connections to all the houses situated at Delhi Jal Board Ground, Shah Alam Road, Adarsh Nagar, North Delhi behind Majlis Park Metro Station.

The Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed–

"In the considered opinion of this Court once the competent authorities have expressed their approval for grant of electricity connection, then Respondent No.4/Tata Power Delhi Distribution Limited has no other choice except to provide electricity connection to all the houses situated at Delhi Jal Board Ground, Shah Alam Road, Adarsh Nagar, North Delhi behind Majlis Park Metro Station."

Senior Advocate Sanjay Poddar and Advocate Akash Vajpai appeared for the petitioner. Advocate Sameer Vashisht and Advocate Sanjana Nangia represented the respondents.

The Hindu migrants who have come from Pakistan to India have been staying near Delhi Jal Board Ground, Shah Alam Road, Adarsh Nagar, North Delhi behind Majlis Park Metro Station. They are on long-term visas and the Government of India has issued Aadhaar Cards to them. However, the shelter houses where they have been living do not have any electricity connection. Hence, they filed a petition seeking immediate electricity connection to be provided to their houses.

The reason advanced by Tata Power Delhi Distribution Limited for not providing any electricity connection was that valid ownership proof of the address of the persons who have applied for the connection was required and that a 'No Objection Certificate' (NOC) was required if ownership of the land is under any other person. Hence, the electricity connection was not granted by the respondent due to want of the NOC from the Defence Estates Office.

Mr. Anurag Ahluwalia, CGSC brought a letter dated November 9, 2022, before the Court along with the Order issued by Defence Estates Office. The Court in this context noted-

"The aforesaid letters demonstrates that after taking cognizance of the human problem as well as the fact that non-provision of electricity amounts to denial of a basic need, the Ministry of Defence has accorded its approval for grant of electricity connections to the migrants."

The Court further ordered –

"Learned Senior Counsel for the Petitioner very fairly informs this Court that all the beneficiaries of the present order are ready to install a pre-paid meter so as to ensure that the company does not suffer any monetary loss by supplying electricity. Keeping in view the aforesaid, the instant PIL stands disposed of with a direction to the Respondent No.4/Tata Power Delhi Distribution Limited to provide electricity connection to all those individuals who have applied for the same within 30 days from the date of this Order."

Accordingly, the Court disposed of the petition.

Previously, the Court had directed the Union of India to file a reply as to why NOC has not been issued to the migrants. The Union of India was given a time of two weeks by the Court from the date of September 6, 2022, for the same.

Cause Title – Hariom v. The State (NCT of Delhi) & Ors.

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