Lucknow, Oct 22 (PTI) The Allahabad High Court has held that an electricity connection cannot be denied merely because a civil dispute over ownership of a property is pending, observing that access to power is an integral aspect of a dignified life protected under Article 21 of the Constitution.
A division bench of Justices Alok Mathur and Abdhesh Kumar Chaudhary at Lucknow made the observation while allowing a writ petition filed by Raebareli resident Rakesh Kumar Mishra, who had sought a fresh domestic electricity connection for his house in Kranti Puri on Jail Garden Road.
In its order passed on Monday, the court said Clause 4.4 of the Electricity Supply Code, 2005, provides for an indemnity form as an alternative document for obtaining a new electricity connection. An application cannot be rejected solely due to a pending ownership dispute if the applicant is willing to furnish the prescribed indemnity bond, it said.
The petitioner’s application was rejected by the electricity department on July 28, 2026, on the ground that he had not submitted the requisite ownership documents. A civil suit concerning ownership of the property is pending before a competent court.
Counsel for the petitioner argued that the Electricity Supply Code permits an applicant to obtain a connection by furnishing an indemnity form in the prescribed format.
However, the opposing party contested the plea, citing the pending property dispute.
Setting aside the rejection order as illegal and arbitrary, the court remitted the matter to the executive engineer concerned for fresh consideration.
It directed the officer to decide the application in accordance with law within 10 days of receiving a certified copy of the order. If the application is approved, the electricity connection must be provided forthwith, according to the order.
The court observed that electricity is essential for basic needs, including lighting, water, cooking, education, healthcare and livelihood, and cannot be viewed in isolation from human dignity.
However, it clarified that the right to electricity does not imply a right to free or unlimited power. Consumers must comply with applicable laws, prescribed charges, technical conditions and safety requirements, it said.
At the same time, access to electricity cannot be denied arbitrarily or contrary to law when it is necessary for dignified living and habitation, the court said. PTI COR KIS KVK
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