No need to get Landlord’s NOC for Electricity Connection – Judiciary Exam – Free PDF Download

Electricity Cannot Be Denied To Tenant Merely Because Landlord Refused To Issue
No Objection Certificate: Supreme Court

Dilip (D) vs Satish | 2022 LiveLaw (SC) 570

• Coram: Justices Indira Banerjee and CT Ravikumar
• In this case, tenants filed a petition under Section 17 of the Hyderabad Rent Control Act in the Court of the Rent Controller, Aurangabad, seeking directions on the landlord to provide electricity connection at the said shop. After this petition got rejected, the tenant applied for supply of electric
• The landlord then filed an FIR alleging that the no objection letter had been fabricated and the signatures of his brother had been forged by the tenaant, the High Court quashed the FIR. The court noted that the tenant needed electricity for doing this business, but the landlord was not giving no objection certificate.
• The High Court made these observations: Further, the Electricity Board seeks no objection of landlord only to verify that the possession of the tenant is authorised. There is no other purpose behind obtaining such no objection from landlord. The landlord cannot prevent the tenant from availing such facility at his own cost.

In its order, the Apex Court bench, at the outset, noted thus:

• “It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate.
• All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.

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