The Delhi High Court has reaffirmed that electricity is a basic human necessity and forms an essential component of the right to life under Article 21 of the Constitution of India. The Court ruled that denial of electricity supply cannot be justified merely because a landlord–tenant dispute is pending.
Justice Mini Pushkarna made these observations while deciding a petition filed by a tenant seeking reinstatement of electricity at the rented premises. The electricity distribution company had declined to restore the supply on the basis that the tenant did not submit a No Objection Certificate (NOC) from the landlord.
Emphasising the indispensability of electricity in modern life, the Court observed that access to power is crucial for ensuring a dignified existence. It reiterated that judicial precedents have consistently recognised electricity as a fundamental necessity protected under Article 21, and no individual can reasonably be expected to live without such basic amenities.
The Court further clarified that disputes between a landlord and a tenant cannot serve as a valid ground to deprive a person of electricity. It noted that the tenant was in lawful possession of the property and, in the absence of an eviction order passed by a competent court, such possession cannot be characterised as unlawful.
While taking note of the ongoing civil proceedings between the parties, the Court pointed out that the tenant had been occupying the premises since 2016 pursuant to multiple registered lease agreements. The mere pendency of litigation, the Court held, does not justify the withdrawal or denial of essential services.
Case Background
The tenant approached the Delhi High Court seeking directions to the electricity distribution company to restore power supply to the rented premises without insisting on the landlord’s NOC. In 2025, one of the landlords had filed a civil suit before the Tis Hazari Courts seeking possession of the property, recovery of rent arrears, mesne profits, and a permanent injunction against the tenant.
Separately, in December, the tenant filed a counterclaim against the electricity distributor seeking mandatory and permanent injunctions for restoration of essential services, alleging that the landlords had intentionally facilitated the disconnection.
The judgment reinforces the principle that essential services such as electricity cannot be withheld as a means of coercion in private disputes and must remain accessible to individuals who are in lawful occupation of a property.
In outlining the seriousness of the situation, the authority stressed that paan use presents dual challenges: significant health dangers and persistent street contamination throughout the borough. In its correspondence, the council described the issue as increasingly urgent and called on the government to implement swift regulatory measures to address the problem.
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