Delhi High Court Orders BSES to Grant Electricity Connection Without NOC

Arvind Singh Secures Court Directive to BSES for Electricity Installation Amidst Family Dispute

In a significant ruling, the Delhi High Court has directed the BSES Yamuna Power Limited to provide a fresh electricity connection to Arvind Singh without requiring a No Objection Certificate (NOC) from his co-owner brothers. The court's decision came in response to a writ petition filed by Singh, who resides on the first floor of a property in Khichripur, Patparganj, Delhi. Singh had faced obstacles in obtaining the connection due to objections from his brothers, who occupy the ground floor of the property.

The legal dispute began when Singh initially applied for an electricity connection in 2018, but was denied due to his brothers' objections and the lack of a fully functional dwelling unit on the first floor at the time. The court, presided over by Justice Mini Pushkarna, heard arguments from both parties and noted that Singh had since equipped the first floor with necessary facilities, including a kitchen and washroom.

The court instructed Singh to submit a fresh application for the electricity connection within two weeks. BSES is required to process this application without insisting on an NOC from the co-owner brothers, subject to Singh fulfilling all commercial and codal formalities. Additionally, Singh must pay any outstanding consumption charges and an additional security deposit of Rs. 25,000/-.

The court emphasized that the order does not prejudice the ownership or possessory rights of any party, nor does it confer any special equities or ownership rights to Singh. BSES is tasked with verifying that Singh and his family are residing and using the premises as a dwelling unit before proceeding with the connection.

This decision highlights the court's effort to balance individual rights with procedural fairness, ensuring that Singh's right to essential utilities is not hindered by familial disputes. The case underscores the importance of judicial intervention in resolving conflicts that impede access to basic amenities.

Bottom Line:

Electricity Connection - Directions issued to BSES Yamuna Power Limited to process the petitioner's application for a fresh electricity connection without insisting on a No Objection Certificate (NOC) from other co-owners, subject to compliance with all formalities and deposit requirements.

Statutory provision(s): Electricity Act

Arvind Singh v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2819334