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Suit For Mandatory Injunction For Restoration of Electricity Dismissed on Ground of Alternative Remedy No Bar to File Petition U/A 226: Delhi HC

Team SoOLEGAL 17 Feb 2022 5:32pm

Suit For Mandatory Injunction For Restoration of Electricity Dismissed on Ground of Alternative Remedy No Bar to File Petition U/A 226: Delhi HC

NEW DELHI: The Delhi High Court has ruled that a civil suit brought by a party seeking a mandatory injunction for the restoration of power that was dismissed on the basis of an alternative remedy does not preclude such party from submitting a petition under Article 226 of the Indian Constitution.


Justice Sanjeev Sachdeva emphasized that electricity is a fundamental right for existence and is protected by Article 21 of the Indian Constitution, subject to the party meeting other prerequisites.


The court was hearing a petition asking the court to order Tata Power Delhi Distribution Limited (TPDDL) to either restore the electricity supply or build a new connection in the house at issue.


The petitioner was a renter at the property, albeit there were some disagreements between him and the landlord.


It was so claimed on the petitioner’s behalf that he had filed an action for obligatory injunction demanding the reinstatement of the power connection. However, the said suit was dismissed on the grounds that the landlord had filed a suit for possession against the property, and the relief of restoration of electricity may be argued in the said proceedings.


The counsel for the TPDDL, on the other hand, submitted that respondents had no objection to granting an electricity connection in the petitioner’s name, provided that he clears any pending electricity dues and makes a fresh application for grant of a connection in his name, subject to payment of an additional security deposit in addition to the regular security deposit.


When it issued notice of the plea, the court stated:
“The civil suit filed by the petitioner seeking mandatory injunction for restoration of electricity having been dismissed on the ground of an alternative remedy will not debar him from filing a petition under Article 226 of the  constitution of India as it is a settled proposition of law that electricity is one of the Fundamental Rights for existence and protected under Article 21 of the Constitution of India, subject to the petitioner complying with other requirements.”


The court directed that the petitioner file an application for a new electrical connection in his own name. It further stated that the Respondent must process the petitioner’s request for the installation of a new power connection without requiring a NOC from the owner.


The court stated that if the petitioner fails to pay the electricity payments, the respondent has the right to terminate the power supply.


It also ordered that the petitioner’s application be handled and an energy connection be placed within two working days of the petitioner completing all formalities.


“It is clarified that this order is without prejudice to the rights and contentions of the parties and shall not be construed as recognizing any tenancy or possessory rights of the petitioner with regard to the subject property and would be without prejudice to the pending dispute with the landlord. No special equities shall flow in favor of the petitioner because of this order,” the court said.


Accordingly, the plea was disposed of.




Tagged: Delhi   High   Court   Suit   Mandatory   Injunction   Resotration   Electricity   Dismissed   Ground   Alternative   Remedy   Article   226   Constitution   India   Justice   Sanjeev   Sachdeva     
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