While highlighting that basic amenities form a part of the fundamental right to life, the Punjab and Haryana High Court has quashed a Clause in a Notification that provided a cut-off date for the grant of electricity connection in an unauthorized colony.

The High Court was considering a Petition seeking the quashing of a clause embodied in the notification dated November 25, 2024, which was endorsed vide a letter regarding the grant of an electricity connection in an unauthorized colony.

The Division Bench of Justice Sureshwar Thakur and Justice Vikas Suri said, “Consequently, the respondent concerned, is directed to release all the basic amenities, vis-a-vis the subject plot, as therebys the fundamental right to life as enshrined under Article 21 of the Constitution of India, thus would become endowed to the present petitioner, which otherwise would not become endowed, in case this Court validates, the per se discriminatory and arbitrary cut off date, as embodied in Clause 2.0 of the notification dated 25.11.2024 (Annexure P-10).”

Advocate K.S. Dadwal represented the Peititoner while Sr. DAG Maninder Singh represented the Respondent.

Factual Background

The Petitioner purchased a plot of land to construct a house and obtained the apposite sanctioned plan. The petitioner had also taken a temporary electricity connection. Since there was no defect either in the ownership of the petitioner, nor the petitioner defaulted in obtaining sanctions vis-a-vis the building plan, the petitioner was sanguine that her temporary connection would be regularized. However, the officials of respondent No.5-Punjab State Power Corporation Ltd disconnected the temporary electricity connection without assigning any reason.

When no action was taken to restore the temporary electricity connection, nor was the petitioner granted a permanent electricity connection, the petitioner served a legal notice. The Petitioner also challenged the impugned clause in Notification which says that any person who upto 31st July, 2024, for an area upto 500 sq. yds, situated in an unauthorized colony, has entered into a power of attorney or agreement to sell on stamp paper or having any registered document with reference to title of land, shall be entitled to obtain registration of such apposite plot, from the Registrar or Sub-Registrar or Joint Sub-Registrar, but from 1st December 2024 to 28th February 2025. On the makings of the said registration, there is no requirement of obtaining any No Objection Certificate from the Competent Authority.

Reasoning

The Bench held that neither the execution of the sale deed appertaining to the subject plot nor the sanction of the building plan, which resulted in construction being raised over the disputed plot, were under any cloud. Hence, there was no requirement as such to re-register the plot with the Sub Registrar concerned.

As per the Bench, the prescription of the cut-off date truncated the rights of those vendees who had earlier acquired a perfect title over the disputed plots and yet were led to make a re-registration of the plots, thus from/within the cut-off date. Those plot owners who despite obtaining valid sanctions from the competent department, became, precluded from the cut off date i.e. December 1, 2024 to February 28, 2025, as mentioned in the impugned notification from raising further constructions and also became further precluded to obtain the NOCs from the department, as related to providing of basic amenities to the dwelling houses of the concerned.

“Resultantly, therebys the cut off date is meaningless and/or is redundant, to the extent (supra) qua therebys it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws”, it said.

As per the Bench, the said cut-off date may have some sound legal effect, but only with respect to the unauthorized constructions raised over unauthorized colonies. However, it had no worth at all in the present factual scenario, in light of a validly executed registered deed of conveyance and a validly raised construction over the subject plot. “Therefore, the cut off date is arbitrary and discriminatory qua the instant factual scenario, and to the said extent it is required to be read down, and, is so read down”, it added.

Finding merit in the Petition, the Bench allowed the same. Directing the Respondent concerned to release the permanent electricity connection to the petitioner’s house, the Bench quashed the impugned clause.

Cause Title: Jaishree Bagga v. State of Punjab and Others (Neutral Citation: 2025:PHHC:045232-DB)

Appearance:

Petitioner: Advocate K.S. Dadwal

Respondent: Sr. DAG Maninder Singh, Advocate H.S. Baidwan

Click here to read/download Order













Punjab & Haryana High CourtJustice Sureshwar ThakurJustice Vikas Suri

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.