The Lucknow bench of Allahabad high court has ruled that a pending civil dispute over property ownership cannot, by itself, be a ground to deny an electricity connection, observing that access to power is integral to the right to life and dignity under Article 21 of the Constitution.
A division bench of Justice Alok Mathur and Justice Abdhesh Kumar Chaudhary made the observation while allowing a petition filed by Rae Bareli resident Rakesh Kumar Mishra, who had sought a new domestic electricity connection for his house in Kranti Puri on Jail Garden Road.
In its recent judgment, the court said Clause 4.4 of the Electricity Supply Code, 2005, allows an applicant to submit an indemnity form as an alternative document for obtaining a new connection. An application cannot be rejected solely because of a pending ownership dispute if the applicant is willing to furnish the prescribed indemnity bond, it said.
The electricity department had rejected Mishra’s application on July 28, 2026, citing the absence of the required ownership documents. A civil suit concerning ownership of the property is pending before a competent court.
The bench observed that electricity was essential for lighting, water supply, cooking, education, healthcare and livelihood, making access to power an integral part of a dignified life.
{{/usCountry}}The bench observed that electricity was essential for lighting, water supply, cooking, education, healthcare and livelihood, making access to power an integral part of a dignified life.
{{/usCountry}}Setting aside the rejection order as illegal and arbitrary, the court remanded the matter to the executive engineer concerned for fresh consideration.
It directed the officer to decide the application in accordance with the law within 10 days of receiving a certified copy of the order. If approved, the electricity connection must be provided immediately, the court said.