New Delhi: 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 a pending landlord-tenant dispute cannot be used to deprive a person of a basic amenity.
Allowing a writ petition filed by a tenant occupying the third floor of a property in west Delhi, a single-judge bench of Justice Mini Pushkarna ruled that electricity is a basic necessity and an integral part of the right to life under Article 21 of the Constitution.
“Electricity is a basic necessity and an integral part of the right to life under Article 21 of the Constitution of India,” Justice Pushkarna observed, adding that as long as the petitioner is in lawful possession of the premises, he “cannot be deprived of the same”.
The Delhi High Court noted that although disputes between the petitioner and the landlords are pending before a civil court, “a pending landlord and tenant dispute cannot be the basis for depriving electricity, which is a basic amenity”.
The petitioner argued that he has been a tenant in the premises since 2016 under registered lease deeds and had been receiving electricity through a meter registered in the landlords’ names. He submitted that the power supply was disconnected on November 28 after temporary financial hardship led to non-payment of dues for September and October 2025, but the outstanding amount was cleared the same day.
Despite the clearance of dues, BSES refused to restore the supply due to the absence of an NOC from the landlords, who allegedly declined to cooperate.
The Delhi High Court observed that the petitioner’s possession cannot be termed unlawful till an eviction order is passed by a competent court.
“No citizen can be expected to live a life devoid of basic necessities such as electricity,” Justice Pushkarna said, referring to a catena of judgments protecting access to electricity under Article 21.
In its order, the Delhi High Court directed BSES to restore electricity to the third floor from the existing meter without insisting on any NOC from the landlords. It also directed the landlords to cooperate in restoration and permitted the BSES to seek police assistance in case of resistance.
Justice Pushkarna also clarified that the order would not be construed as recognising any possessory rights of the petitioner or conferring any special equity in his favour, and would not prejudice the rights and contentions of the parties in their pending disputes.
(IANS)
