Court Rules Electricity is a Basic Necessity, Protects Occupant's Right to Supply Until Lawful Eviction
In a landmark decision, the Andhra Pradesh High Court has ruled in favor of Shaik Shajahan Bee, ordering the restoration of electricity supply to her premises despite ongoing civil litigation regarding the property. The judgment underscores the importance of electricity as a basic necessity integral to the right to life under Article 21 of the Indian Constitution.
The petitioner, Shaik Shajahan Bee, had her electricity supply disconnected by the DISCOM authorities at the behest of the seventh respondent, who claims ownership of the property. This action was taken following an ex parte decree obtained against Bee, with the seventh respondent moving for eviction. However, Bee challenged this decree and sought its annulment, which is currently pending.
The High Court, presided over by Justice Ninala Jayasurya, emphasized that until the petitioner is lawfully evicted, she is entitled to electricity supply, a ruling aligned with previous judgments recognizing electricity as a fundamental right. The court highlighted that while the DISCOM authorities followed standard procedures for disconnection, the action was unsustainable given the ongoing litigation and Bee’s continued possession of the property.
In his judgment, Justice Jayasurya referenced several significant cases, including the Supreme Court's acknowledgment of electricity as a basic amenity and the necessity of ensuring its supply to individuals in lawful possession of premises. The court also addressed the concerns of the seventh respondent about potential liabilities for unpaid electricity charges, mandating that Bee deposit a security equivalent to six months' average consumption as a precondition for reconnection.
The court's decision mandates the DISCOM authorities to restore electricity within a week of the petitioner's application, without requiring a No Objection Certificate from the seventh respondent. This ruling not only provides immediate relief to Bee but also sets a precedent for similar cases where electricity supply is used as leverage in property disputes.
The High Court's order concludes with a directive that the ongoing civil litigation will proceed independently, unaffected by the present ruling, ensuring that the rights and contentions of both parties are preserved.
Bottom Line:
Electricity supply cannot be disconnected for a premises occupied by a person until they are lawfully evicted, even if the civil litigation is pending. Electricity is a basic amenity and integral to the right to life under Article 21 of the Constitution of India.
Statutory provision(s): Electricity Act, 2003 Section 43, Articles 19 and 21 of the Constitution of India
