Unauthorised Construction : Electricity connection can not be denied
Delhi High Court Allows Electricity Connection to Unauthorized Construction with Conditions. Court mandates compliance with municipal norms, permits disconnection upon MCD action
In a landmark decision, the Delhi High Court has ruled that a fresh electricity connection can be granted to premises with unauthorized constructions, subject to specific conditions. The judgment, delivered by Justice Mini Pushkarna on September 24, 2025, addresses the petitions filed by Ms. Sadiya Usmani and another petitioner against BSES Yamuna Power Ltd., concerning the provision of electricity to a property in Chitla Gate, Chawri Bazar, Delhi.
The property, identified as No. 379, Third Floor, Ward No. IX, Chitla Gate, Chawri Bazar, was found to have unauthorized constructions as per the Municipal Corporation of Delhi (MCD). The MCD's status report outlined several violations, including discrepancies in building plans, encroachments, and deviations from permissible construction norms, which rendered the property ineligible for regularization.
Despite these violations, the court upheld the directions of the Consumer Grievance Redressal Forum (CGRF) that mandated BSES Yamuna Power Ltd. to provide an electricity connection, conditional upon the completion of all commercial formalities by the petitioners. The court emphasized that the petitioners must submit an undertaking allowing for disconnection of electricity if the MCD initiates action against the illegal construction.
Justice Pushkarna clarified that the grant of an electricity connection should not be interpreted as consent by the MCD to occupy the unauthorized structure. The court stipulated that BSES Yamuna Power Ltd. must comply with any MCD directives regarding demolition or sealing actions, ensuring the electricity supply is disconnected at the appropriate time.
This ruling aims to balance the necessity of utility services with adherence to municipal regulations, setting a precedent for similar cases involving unauthorized constructions. The court's decision underscores the importance of legal compliance while addressing consumer grievances, ensuring that municipal norms are respected.
Bottom Line:
Fresh electricity connection can be granted to premises with unauthorized construction, subject to compliance with commercial formalities and an undertaking that the connection may be disconnected if the Municipal Corporation takes action against the illegal construction.
Statutory provision(s): Delhi Municipal Corporation Act, 1957
Ms Sadiya Usmani v. Bses Yamuna Power Ltd, (Delhi) : Law Finder Doc Id # 2783686
