Delhi High Court rules that electricity cannot be withheld in a family property row, emphasising that a co-owner cannot be denied a legitimate electricity connection despite objections raised by other co-sharers, ensuring basic residential rights are protected.
New Delhi: The Delhi High Court instructed BSES Yamuna Power Limited (Respondent No. 2) to process a new application for an electricity meter from the petitioner without requiring a No Objection Certificate (NOC) from his brothers.
This ruling was issued by Justice Mini Pushkarna while resolving a writ petition filed by a resident of Khichripur, Patparganj.
The case examined whether an electricity distribution licensee is entitled to demand an NOC from other co-owners specifically, the petitioner’s brothers, who were accused of obstructing the process.
The Court ordered the petitioner to submit a new application, and mandated BSES to consider it without the NOC, contingent upon an inspection that verifies the presence of a separate dwelling unit.
The petitioner, Arvind Singh, sought directions for a new electricity meter at his first-floor residence located at property No. 5/204, Khichripur, Delhi. He stated that his father was the original allottee and that, following a partition and mutual settlement, he was allocated the first floor, while his brothers reside on the ground floor.
Singh mentioned that he had previously requested an electricity connection on June 12, 2018, but that BSES denied the installation due to objections from his brothers.
The petitioner’s counsel argued that Singh is a “permanent resident of the subject premises and is the legal and lawful co-owner/co-sharer.” He asserted that despite residing on the first floor for a substantial period, the requested electricity connection was denied due to unnecessary hindrances created by his brothers.
In response, the BSES counsel indicated that the earlier application was rejected based on a deficiency letter issued on June 12, 2018, stating that at that time, the first floor lacked essential amenities like a kitchen and washroom.
Therefore, a connection could not be granted due to the absence of a dwelling unit.
The petitioner’s counsel countered, asserting that both a kitchen and a washroom are now present and in use by Singh and his family.
Justice Mini Pushkarna noted BSES’s argument that a new application was necessary since the previous one was made in 2018.
The court ordered the petitioner to submit a new application to BSES within two weeks.
The ruling included the following directive,
“Upon the petitioner submitting an application before the respondent no. 2, the same shall be processed by the respondent no. 2, without insisting on any NOC from respondent nos. 3 to 5.”
The court specified several conditions for granting the electricity connection:
- The petitioner must comply with all regulatory and commercial requirements.
- Any outstanding consumption charges should be paid, along with an additional security deposit of Rs. 25,000.
- Current charges must be settled according to the bills issued.
- The security deposit will not offset current demands but will be refunded upon vacating the premises, subject to any arrears at that time.
Justice Pushkarna clarified that the order does not confer any special privileges to the petitioner or indicate ownership/title rights.
The court further mandated BSES to conduct an inspection to confirm that the petitioner is residing at the premises and utilizing it as a dwelling unit before proceeding with any further actions. The petition was ultimately resolved with these instructions.
Case Title: Arvind Singh v. The State of NCT of Delhi & Ors.
Case Number: W.P.(C) 17814/2025 & CM APPL. 76595/2025
Read Attachment