Electricity Cannot Be Denied To Tenant Merely Because Landlord Refused To Issue No Objection Certificate: Supreme Court

The Supreme Court observed that electricity is a basic amenity of which a person cannot be deprived.

"Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question", the bench comprising Justices Indira Banerjee and CT Ravikumar observed in an order passed in May 2022.  

Interestingly, these remarks were made in an order setting aside a High Court order that had quashed an FIR lodged against a Tenant who allegedly forged signatures of landlord in No - Objection certificate submitted to Electricity Board.

In this case, tenants filed a petition under Section 17 of the Hyderabad Rent Control Act in the Court of the Rent Controller, Aurangabad, seeking directions on the landlord to provide electricity connection at the said shop. After this petition got rejected, the tenant applied for supply of electricity in his own name on the basis of a "No Objection" letter and got supply of electricity to the said shop in his own name. 

The landlord then filed an FIR alleging that the no objection letter had been fabricated and the signatures of his brother had been forged by the tenant. Allowing the petition filed by the accused-tenant, the High Court quashed the FIR. The court noted that the tenant needed electricity for doing this business, but the landlord was not giving no objection certificate. The High Court made these observations: Further, the Electricity Board seeks no objection of landlord only to verify that the possession of the tenant is authorised. There is no other purpose behind obtaining such no objection from landlord. The landlord cannot prevent the tenant from availing such facility at his own cost. The aforesaid circumstances need to be kept in mind and then the definition of forgery, cheating, etc. given in the IPC needs to be seen. It cannot be said in the present matter that false record if any created has caused any harm to the property or person of the first informant.

In its order, the Apex Court bench, at the outset, noted thus:

"It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.

However, the bench observed that the High Court erred in quashing the FIR.

"It cannot be said that fabrication and/or creation of records and/or forging a signature does not constitute an offence under the Indian Penal Code. The High Court completely overlooked the definition of cheating in Section 415 of the IPC.", it said.

While allowing the appeal, the bench directed that electricity supply granted, shall not be discontinued, subject to compliance by the tenants of the terms and conditions of supply of electricity by the electricity department including payment of charges for the same.

Case details

Dilip (D) vs Satish | 2022 LiveLaw (SC) 570 | CrA 810 of 2022 | 7 July 2022

Coram: Justices Indira Banerjee and CT Ravikumar

Headnotes

Electricity - A basic amenity of which a person cannot be deprived - Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.

Summary: Appeal against High Court judgment which quashed FIR lodged by landlord against tenant alleging that he forged signature in a No objection certificate submitted before Electricity Board - Allowed - Completely overlooked the definition of cheating in Section 415 IPC- It cannot be said that fabrication and/or creation of records and/or forging a signature does not constitute an offence under the Indian Penal Code.