In a landmark judgment reinforcing the basic rights of citizens, the Delhi High Court has unequivocally ruled that access to electricity is a fundamental right protected under the Constitution. The court stated that this essential amenity cannot be withheld from an individual simply because of a pending legal dispute between a tenant and a landlord.
Court's Firm Stand on a Basic Necessity
Justice Mini Pushkarna, while hearing a plea from a tenant, emphasized that electricity is a basic necessity and an integral part of the right to life under Article 21 of the Constitution of India. The bench observed that as long as a person is in lawful possession of a property, they cannot be deprived of this vital service. This ruling aligns with a series of previous judgments that have consistently held electricity to be fundamental for human existence.
The court explicitly noted, "No citizen can be expected to live a life devoid of basic necessities such as electricity." It further clarified that a pending landlord-tenant dispute is not a valid basis for disconnecting what is considered a basic amenity essential for a dignified life.
The Case That Led to the Ruling
The judgment came in response to a plea filed by a tenant who had been occupying a premises since 2016 under registered lease deeds. The tenant sought a directive for the power distribution company to restore his electricity supply without demanding a No Objection Certificate (NOC) from the landlord.
The background of the case involved a civil suit filed by one of the landlords in 2025 at the Tis Hazari Courts, seeking possession, rent arrears, and other claims. Despite this ongoing dispute, the tenant was in lawful possession of the property, as no eviction order had been passed by a competent court.
The petitioner's advocates, Vishal Saxena, Meenakshi Garg, and Rashi Aggarwal, argued that while their client faced temporary financial hardship leading to non-payment of dues for September-October 2025, the outstanding amount was cleared on November 28, 2025. Despite this payment, the power discom refused to reconnect the supply or reinstall the meter, insisting on an NOC from the landlords.
Power Discom's Stance and the Final Directive
Representing the power distribution company, advocates Sharique Hussain and Kirti Garg contended that the landlords were the registered consumers and that the disconnection was due to non-payment. They also cited a communication from the landlords instructing them not to restore the connection to the third floor of the property.
Rejecting these arguments, the High Court issued clear directives. The court ordered the power distributor to restore the electricity connection from the existing meter immediately and not to insist on any NOC from the landlords. Furthermore, the court directed the landlords to cooperate with the tenant and not to cause any disruption in the process of restoring the power supply.
This judgment, delivered on December 17, 2025, sets a significant precedent. It protects tenants from being held hostage in utility access battles during legal tussles and reinforces the state's duty to ensure basic living conditions for all citizens, irrespective of civil disagreements.
