Electricity supply to an occupier cannot be denied for lack of a No Objection Certificate from the owner.

In brief

The question

1. Whether the Distribution Licensee can legally deny an electricity connection to an occupier solely due to the absence of an NOC from the owner

The court held

The court held that electricity is a basic amenity under Article 21 and cannot be withheld from a lawful occupier for want of an NOC.

It also directed

The court allowed the petition and quashed the orders of the CGRF and Electricity Ombudsman. Respondent No. 1 was directed to provide the electricity connection to the petitioner within eight weeks. Rule was made absolute.

01Facts

The petitioner, an 80-year-old retired railway employee belonging to a scheduled caste, sought an electricity connection for his residence where he has lived for 40 years

p. 2

His application was rejected by the Distribution Licensee (PGVCL), the Consumer Grievance Redressal Forum (CGRF) [order dated 05.03.2024], and the Electricity Ombudsman [order dated 03.05.2024] on the grounds that he failed to submit a "No Objection Certificate" (NOC) from the property owner as per Regulation 4.16 of the GERC Regulations, 2015

p. 3

The petitioner contended that as a lawful occupier, he is entitled to the connection under the Electricity Act, 2003

pp. 4-5

02Issues

i.1. Whether the Distribution Licensee can legally deny an electricity connection to an occupier solely due to the absence of an NOC from the owner

p. 4 / para. 6

ii.2. Whether the right to electricity constitutes an integral part of the right to life under Article 21 of the Constitution of India

p. 5 / para. 6.4

03Law Applied

Section 43 of the Electricity Act, 2003, which mandates that a distribution licensee must supply electricity to any "owner or occupier" of a premises within one month of an application

p. 5, 7

Regulation 4.16 of the GERC (Electricity Supply Code) Regulations, 2015, noting that while an NOC is generally requested from occupiers, an indemnity bond can serve as a substitute where an NOC is unavailable

p. 4

Dilip (Dead) Through LRs v. Satish and Ors (2022 INSC 570), which established that electricity is a basic amenity that cannot be declined to an occupier due to a landlord's refusal to issue an NOC

p. 8

Provisions in the judgment · 1 · Linked ones open on LawLens

Electricity Act, 2003 Section 43

04Reasoning

The court reasoned that the statutory duty under Section 43 of the Electricity Act is clear: the licensee must provide electricity to the "occupier"

p. 7

Since the petitioner proved his long-standing occupancy and possession of the premises, the licensee's insistence on an NOC was arbitrary

p. 7

The court observed that the "right of occupancy" operates independently of "right or title" regarding the grant of utility connections

p. 8

Referring to the Division Bench holding in LPA No. 91 of 2010, the court emphasized that electricity companies cannot decide disputed questions of title and must provide connections if there are no outstanding dues

p. 8

The court found that the electricity supply authority’s only mandate is to verify the applicant's status as an occupier

p. 8