‘Electricity Integral Part Of Right To Life’: P&H HC Orders Restoration Of Tenant's Electricity Connection During Pendency Of Dispute With Landlord

The single bench of Justice Manjari Nehru Kaul was hearing the petition filed by one Om Parkash, a tenant-shopkeeper whose electricity supply was disconnected by his landlord, Balkar Singh. The supply was disconnected by the respondent-landlord alleging that the lease agreement between the two had already expired and that the petitioner was an illegal occupant.

The occupation of the aforesaid premises also happened to be subject matter of a pending suit which the landlord had filed against the petitioner for possession of the suit property along with recovery of mesne profits.

Directing the authorities to restore the electricity connection, the Court said:

“It cannot be over-emphasized that electricity being a basic necessity, is an integral part of right to life as enshrined under Article 21 of the Constitution of India. Therefore, as long as the petitioner is in possession of the suit property, he cannot be deprived of electricity.”

Notably, the petitioner had earlier approached the Civil Judge (Junior Division), Jagadhri, Yamuna Nagar for restoration of electricity connection in his shop. However, his plea was dismissed. An appeal filed before the Additional District Judge, Yamuna Nagar was also dismissed, prompting him to file the present appeal.

The petitioner argued that the he could not be deprived of electricity, since he was in possession of the suit property and since electricity was a basic amenity. He further contended that the electricity connection was disconnected by the respondent with an ulterior motive of forcing him to vacate the suit property.

The respondent, however, argued that as per the rent agreement the lease in favour of the petitioner stood and that he had no right to continue being in possession of the premises. Since the respondent had even terminated the tenancy vide a legal notice, the petitioner being an illegal occupant, had no right to claim restoration of electricity connection, he submitted.

The High Court noted that although a suit was instituted by the respondent for possession of his property, the petitioner could not be deprived of electricity in the interim period until final adjudication of the same. The Court said that:

“Admittedly, respondent has filed a suit for possession of the suit property along with recovery of mesne profits, which is still pending adjudication, therefore, the question as to whether the petitioner is an illegal occupant of the suit property or not, or as to whether he is liable to be evicted or not, would be a matter of trial. The fact of the matter is that the petitioner is in possession of the suit property and still further his eviction has not yet been ordered by a competent Court of law.”

Accordingly, the Court allowed the revision petition, ordering the restoration of electricity. "The electricity connection of the suit property be restored subject to payment of requisite charges by the petitioner, if any, till the final decision of the suit filed by him. It is clarified that the petitioner shall continue to pay the electricity charges regularly," it said.

Case Title: Om Parkash v. Balkar Singh and Others

Citation: CR-1153-2022

Coram: Justice Manjari Nehru Kaul

Citation: 2022 LiveLaw (PH) 335

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