Basic Amenities Like Electricity Connection Is Fundamental Right: Punjab & Haryana HC Quashes Arbitrary Cut-Off Date To Apply For Electric Connection

The Punjab & Haryana High Court has set aside the notification issued by the Punjab Government that had specified a cut-off date for granting electricity connections in unauthorized colonies, observing that receiving basic amenities in a plot is a fundamental right.

According to the notification, only those allottees who, up to 31st July 2024, had entered into powers of attorney or agreements to sell on stamp paper or possessed any registered document, were eligible to receive electricity connections. 

Justice Sureshwar Thakur and Justice Vikas Suri said, "the impugned clause 2.0 containing the supra stipulation in the notification dated 25.11.2024...thus, is hereby quashed and set aside. Consequently, the respondent concerned, is directed to release all the basic amenities, vis-a-vis the subject plot, as therebys the fundamental right to life as enshrined under Article 21 of the Constitution of India, thus would become endowed to the present petitioner, which otherwise would not become endowed, in case this Court validates, the per se discriminatory and arbitrary cut off date."

The Court was hearing a plea challenging the Clause 2.0 of the Punjab Government notification, which restricts electricity connections in unauthorized colonies only to those with registered property documents dated on or before 31.07.2024. The clause also waives the requirement of a No Objection Certificate (NOC) for connections sought between 1.12.2024 and 28.02.2025.

The petitioner, who had legally purchased land and obtained the necessary approvals, was denied a permanent electricity connection due to a government-imposed cutoff date. 

After examining the notification, the court found that, "the prescription of the cut off date, snatches or truncates, the rights of those vendees who had earlier acquired a perfect title over the disputed plots and yet are led to make a re-registration of the plots, thus from/within the cut off date."

"Moreover, thereafter those plot owners who despite obtaining valid sanctions from the competent department, thus become, precluded from the (supra) cut off date i.e. 1st December 2024 to 28th February, 2025, as mentioned in the impugned notification dated 25.11.2024, rather from raising further constructions and also become further precluded to obtain the NOCs from the department concerned, as relate to providing of basic amenities to the dwelling houses of the concerned," highlighted the bench.

The Court opined that, "the cut off date is meaningless and/or is redundant, to the extent (supra) qua therebys it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws."

While quashing the notification, the Court directed the release of the permanent electricity connection to the petitioner's house.

Mr. K.S. Dadwal, Advocate for the petitioner.

Mr. Maninder Singh, Sr. DAG, Punjab.

Mr. H.S. Baidwan, Advocate for respondents No.4 to 8-PSPCL.

Title: JAISHREE BAGGA v. STATE OF PUNJAB AND OTHERS

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