Why NOC Not Issued To 'Pakistani Hindu Migrants' Residing Without Electricity Since 5-6 Yrs? Delhi High Court Seeks Centre's Response

The Delhi High Court has sought the response of Central Government as to why no objection certificate (NOC) has not been issued to Pakistani Hindu migrants, residing in city's Adarsh Nagar area without electricity for the last five to six years.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it hopes and trusts that the Centre will look into the plight of the migrants sympathetically, while directing it to file a proper affidavit within two weeks.

The Court was hearing a Public Interest Litigation (PIL) filed on behalf of the Hindu Migrants who had come from Pakistan to India, and were staying in North Delhi's Adarsh Nagar.

It was claimed that all the migrants were issued Aadhar Cards and were staying on long term Visa issued by the Government of India. The PIL stated that the authorities were demanding proof of ownership of land.

Relying on Rule 9(1) of the Electricity (Rights of Consumer) Rules, the counsel appearing for the petitioner argued that proof of ownership is not required under the Rules and that a person who is not the owner, can also apply for electricity connection being an occupant.

On the other hand, counsel representing Tata Power Delhi Distribution Limited (TPDDL) submitted that NOC was certainly required as certain poles will have to be erected for providing proper electricity.

He also argued that the land in question over which the Jhuggis were established belonged to Government of India's Defence Department and in absence of a NOC from the land owning agency, the distribution company was not in a position to provide Electricity Connection.

"Learned Counsel appearing for Union of India is granted two weeks' time to file an affidavit as to why NOC has not been issued to the migrants from Pakistan who are residing without electricity for the last five to six years," the Court ordered.

The matter will now be heard on October 6.

In October last year, the Centre had informed Court that the Pakistani Hindu Migrants seeking electricity connection at their camps were living on the land belonging to the Defence Ministry. Therefore, stating that the migrants had encroached the Ministry's land and that their plea is misconceived, the Government sought dismissal in-limine.

The plea 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.

It also 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)

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