High Court Issues Notice On Plea Seeking Electricity Connection For Pakistani Hindu Migrants Residing In North Delhi

A Division Bench of Chief Justice DN Patel and Justice Amit Bansal issued notice, returnable on October 22, 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 states.

It refers to the case of Chameli Singh and Ors. v. State of UP & Ors., (1996) 2 SCC 549, where the Supreme Court had held that Right to Shelter, which is a fundamental right under Article 21, also includes Right to have electricity

The Petitioner further claims 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 states,

"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 seeks 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 seeks 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.

During the hearing, Advocate Sudhir Nandrajog for the Electricity Board, submitted that the land in question where the migrants are stated to be residing belongs to the Ministry of Defence.

The Court has asked the Respondents to file their replies by way of affidavit by the next date of hearing.

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