Punjab and Haryana High Court: While deciding the revision petition, the bench of Manjari Nehru Kaul, J., held that electricity being a basic necessity, is an integral part of life under Article 21 of Constitution. Hence, the Court has directed to restore electricity connection of suit property of petitioner till the final disposal of the suit.
In the case at hand, the petition filed by the petitioner for restoration of electricity connection in his shop was dismissed by Additional District Judge. The petitioner challenged the impugned order before this Court contending that it is violative of his fundamental rights.
The petitioner contended that electricity connection was disconnected by respondent with an ulterior motive to force the petitioner to vacate the suit property.
The respondent contended that the tenancy of the petitioner has been terminated and the petitioner now is an illegal occupant and had no right to claim restoration of electricity connection.
The Court stated that the question related to petitioner being illegal occupant would be decided in the suit for possession of suit property which is pending adjudication. The fact of the matter is that the petitioner is in possession of the suit property and his eviction has not been ordered by a competent Court of law.
The Court noted 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.
Thus, the Court allowed the petition and directed that electricity connection of the suit property be restored subject to payment of requisite charges by the petitioner, if any, till the final decision of suit for possession of suit property.
[Om Prakash v. Balkar Singh, 2022 SCC OnLine P&H 3733, decided on 19-12-2022]
Advocates who appeared in this case :
Counsel for Petitioner:- Advocate Manoj Kumar Pundir;
Counsel for Respondent:- Advocate Shantanu Bansal.