Court Directs Paschim Gujarat Vij Company to Provide Electricity Without Co-Sharers' NOC
In a landmark judgment, the Gujarat High Court has reaffirmed that electricity is a basic amenity and an integral component of the right to life under Article 21 of the Constitution of India. The court directed the Paschim Gujarat Vij Company Limited to provide an electricity connection to petitioner Manojbhai Kanjibhai Rupareliya without requiring a no objection certificate (NOC) from co-sharers or landlords.
The case revolved around Manojbhai Kanjibhai Rupareliya, who sought an electricity connection for his agricultural land but faced objections from co-sharers, including his brother, who contended joint ownership of a well on the property. Despite having established possession and fulfilling all required formalities, Rupareliya's application was stalled due to the absence of a NOC.
The court, presided over by Justice Hemant M. Prachchhak, emphasized the statutory duty under Section 43 of the Electricity Act, 2003, which mandates electricity supply to any owner or occupier of premises upon application. The court noted that the electricity distribution licensee does not have the authority to adjudicate disputes of title between co-owners once possession is established.
Citing precedents, including the Supreme Court's ruling in Dilip (Dead) Through LRs v. Satish, the court underscored that electricity, being a fundamental necessity, cannot be denied on grounds of lacking a NOC from other stakeholders. The judgment is poised to set a significant precedent, reinforcing the legal principle that access to electricity is a basic human right, transcending disputes over property ownership.
The court quashed the communication from Paschim Gujarat Vij Company that demanded a NOC and ordered them to provide the new electricity connection to Rupareliya within eight weeks. This decision not only resolves Rupareliya's grievance but also strengthens the framework ensuring equitable access to essential services.
Bottom Line:
Electricity connection - Cannot be denied on the ground of absence of no objection certificate from co-sharers or landlords - Distribution licensee cannot adjudicate disputes of title between co-owners once possession is established - Electricity is a basic amenity and forms an integral part of the right to life under Article 21 of the Constitution.
Statutory provision(s): Electricity Act, 2003 Section 43, Constitution of India, 1950 Article 21
