"Camps Illegal, Encroached On Defence Land": Centre Tells Delhi High Court In Pakistani Hindu Migrants' Plea For Electricity Connection

The Central Government has informed the Delhi High Court that Pakistani Hindu Migrants, seeking electricity connection at their camps in North Delhi, are living on the land belonging to the Defence Ministry.

Stating that the migrants have encroached the Ministry's land and that their plea is misconceived, the Government seeks dismissal in-limine. It has submitted thus:

"…not only the answering respondent not the competent authority to provide electric connections or provide any assistance of any sort to migrants, but also in view of the illegal encroachment the petition is not misconceived and frivolous and deserves to be dismissed in-limine."

Last month, a bench led by the Chief Justice DN Patel had issued notice on the plea after hearing Advocate Rohit Madan for Petitioner Hariom.

Madan claimed that the said migrants, about 800 in number, have been living in Delhi without electricity from many years. They claim to have approached various Government authorities in this regard, including State and Centre, but in vain.

"They all have been suffering Delhi's extreme weather conditions and current pandemic without electricity and without any help from the Government Authority," the plea stated.

The Centre has informed the Court that it had accorded sanction for transfer of land measuring 70.253 to the Defence Rescarch and Development Organization.

"Moreover, the answering respondent vide letters dated 09.07.2018,07.08.2018 and 03.09.2018 has been consistently following up the matter of removal of unauthorized occupation/encroachment on Defence Land with the concerned District Administration and police administration," the affidavit reads.

The Petitioner claimed that the migrants had also approached the concerned power distribution company i.e., Tata Power Delhi Distribution Limited (TPDDL).

It is stated that though the migrants presented their Visas/ Aadhar Cards before TPDDL, their application was turned down on the ground that Aadhar card can be used as an identity proof but it cannot be used as proof of occupancy of the premises.

Aggrieved by this decision of TDPPL, the plea stated,

"Division Bench of the Hon'ble High Court of Gujrat in the case of Executive Engineer (O & M) & 1 v. Jayendra Nanalal Kachhi [LPA/91/2010] has held that electricity connection is required to be given to the Consumer and not to a premises."

The Petitioner thus sought a direction upon the Delhi Electricity Regulatory Commission to include Long Term Visa (LTV)/ Passport as identity proof and Aadhar card as proof of occupancy under the Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017.

He further sought a declaration that the aforesaid documents of Hindu Minority Migrants can be accepted for giving electricity connection to them either through pre-paid or post-paid electricity meter.

Case Title: Hariom v. State (NCT  of Delhi)