The Punjab High Court, on 19th December,2022, in Om Prakash v/s Balkar Singh and Others (CR-1153-2022) held that electricity is a basic amenity and is an integral part under Article 21. The judgement was presided by Honourable Mrs. Justice Manjari Nehru Kaul.
FACTS OF THE CASE:
The petitioner, a tenant shopkeeper, had filed a petition after his appeal was dismissed by the Additional District Judge for restoration of electricity. The learned counsel for the petitioner contended that he was in possession of the suit property and that electricity was a basic amenity. The respondent held that as per the rent agreement, the lease had terminated and the petitioner had no right to reside and use the property. A termination of tenancy was undertaken by the respondent, making the petitioner an illegal occupant. The petitioner further contended that the electricity connection was disconnected as an ulterior motive for the property to be vacated.
JUDGEMENT:
The Court held that although a suit was initiated by the respondent on grounds of illegal occupancy of the property by the petitioner, he cannot be deprived of electricity connection until the final adjudication. The court also held that under Article 21, electricity is a basic necessity.
Article 21 falls under Part 3 of the Constitution and is one of the most important rights available to both citizens and aliens. It is the Right to life and personal dignity. It also ensures a right to a dignified life.
The Court thereby held that “It cannot be over-emphasised 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.”
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JUDGEMENT REVIEWED BY ARYA THAKUR.
