Daijiworld Media Network - New Delhi
New Delhi, Dec 16: The Delhi High Court has directed BSES Rajdhani Power Limited to restore electricity supply to a tenant’s premises without insisting on a No Objection Certificate (NOC) from the landlords, holding that an ongoing landlord-tenant dispute cannot be grounds to deny access to a basic necessity.
Allowing a writ petition filed by a tenant residing on the third floor of a property in west Delhi, Justice Mini Pushkarna ruled that electricity is an essential amenity and forms an integral part of the right to life guaranteed under Article 21 of the Constitution. The court observed that as long as a person is in lawful possession of a premises, access to electricity cannot be denied.
The court noted that disputes between the tenant and the landlords are currently pending before a civil court but emphasised that such litigation does not justify depriving an occupant of electricity. It held that a pending dispute cannot be used as a tool to withhold basic services.
The petitioner told the court that he had been a tenant since 2016 under registered lease deeds and had been receiving electricity through a meter registered in the landlords’ names. He stated that the power supply was disconnected on November 28 due to temporary financial difficulties that resulted in non-payment of bills for September and October 2025, but the outstanding amount was cleared on the same day.
Despite payment of dues, BSES refused to reconnect electricity, citing the absence of an NOC from the landlords, who were allegedly unwilling to cooperate. The court rejected this stand, observing that the tenant’s possession could not be termed illegal unless an eviction order was passed by a competent court.
Justice Pushkarna reiterated that no citizen can be expected to live without basic necessities such as electricity, referring to settled judicial precedents that recognise access to electricity as part of the right to life under Article 21.
The High Court directed BSES to restore electricity to the third floor using the existing meter without demanding any NOC from the landlords. It also instructed the landlords to cooperate in the restoration process and allowed the power utility to seek police assistance if faced with resistance.
The court clarified that the order does not recognise or confer any possessory rights in favour of the tenant and will not affect the rights or claims of either party in the pending legal proceedings.