Friday 8 July 2022

Can the Electricity board refuse to give electric supply to the tenant if the landlord fails to issue a no-objection certificate?

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.

 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 810 OF 2022


DILIP(DEAD) Vs  SATISH & OTHERS 

Author: INDIRA BANERJEE J.

Dated: MAY 13, 2022

Leave granted.

No one has appeared on behalf of Respondent Nos. 1 and 2, in

spite of notice. The Respondent-State has appeared through the

learned standing counsel.

This appeal is against a final judgment and order dated

21.06.2019 passed by the Aurangabad Bench of the High Court of

Judicature at Bombay allowing Criminal Application No. 215 of 2019

and quashing the FIR No. 394/2018 filed by the appellant, arraying

Respondent Nos. 1 and 2 as accused.

The Appellant is the owner of House No. 463 situated at Darzi

Bazar, Bhazi Market Road, Cantonment, Aurangabad, Maharashtra,

which is hereinafter referred to as the “said premises”. The

father of the Respondent No. 1 was inducted as a tenant of a shop

at the said premises. In 1984, the appellant and his family

members filed a suit for eviction. While the said suit was

pending, the appellant along with his mother inherited the said

premises.

It is not necessary for this Court to go into the details of

how the ownership of the said premises devolved on the Appellant.

Suffice it to mention that the Respondent No. 1 and his mother

filed a petition under Section 17 of the Hyderabad Rent Control Act

in the Court of the Rent Controller, Aurangabad, seeking directions

on the Appellant to provide electricity connection at the said

shop.

The application was rejected on the ground that from the

inception of the tenancy the said shop was run with a petromax.

Electricity had never been provided. The Respondent No. 2 later

applied for supply of electricity in his own name on the basis of a

“No Objection” letter dated 15.07.2006 and got supply of

electricity to the said shop in his own name.

It is the case of the Appellant that the no objection letter

had been fabricated and the signatures thereon of Shantilal

Maniklal Jaiswal, brother of the Appellant had been forged by

Respondent No. 1. An FIR was lodged, the relevant portions of

which are extracted hereinbelow :-

“***********

8. Thereafter on 3/12/2018 the Deputy Executive Engineer of

Maharashtra State Electricity Board had taken action about

taken illegal electric connection and disconnected the

electric connection taken from Pavan Jaiswal in House No.

484 and this was intimated to the complainant by their

letter dated 4/12/2004. The complainant was also intimated

that Pavan has assured that henceforth he would not supply

electricity after pay Rs. 25/- for reconnection the

electricity was again started. This copy is annexed on

Exhibit-G.

9. The complainant had a doubt that the accused is attempting

to file application to Maharashtra State Electricity Board

for getting new electric connection. Hence to prevent

giving electric connection he raised objection on the

application of the accused and filed his application. Copy

of the said objection application is annexed on Exhibit-H.

10. In August 2006 the complainant came to know that when all

attempts of the accused No. 1 for getting illegally the

electric connection were failed, the accused No. 1 has

illegally obtained new electric connection. In this regard

when the complainant made inquiry with Maharashtra State

Electricity Board, the complainant named Shantilal Maniklal

Jaiswal and submitted to Maharashtra Stat Electricity Board

on 1/8/2006 and on that basis new connection was given to

him.

11. No sooner the complainant came to know about the illegal act

of the accused he filed application with Maharashtra Sate

Electricity Board on 9/8/2006 under Right to Information Act

for getting concerned papers to find out as to how the new

connection was received. Accordingly it was informed that

with the held of Accused No. 4 for Maharashtra State

Electricity Board with the help of Vendor Sayyed Shafi

(accused No 3) on 15/7/2006 stamp paper of Rs. 20/- was

purchased on which fake signature of Shantilal Maniklal

Jaiswal was made and fake No Objection Letter was prepared.

It was notarized from the Notary Advocate M.P. Varkat

(Accused No. 4) License No. 665. The complainant also

noticed that the stamp paper was purchased from the Accused

No 4 Sayyed Shafi and on the stamp paper of Rs. 20/- the

accused No. 1 prepared agreement on which after making

signature it was mentioned that after taking the electric

connection if anything illegal is observed the Maharashtra

State Electricity Board would full authorized to disconnect

the same. In this way the same was notarized by Notary

Advocate M.P. Varkad (accused No. 4). Along with all paper

got by the complainant the fake No Objection Letter prepared

on bond paper is also annexed on Exhibit-I.

12. Thereafter immediately on 12/8/2006 and on 14/8/2006 the

complainant and his brother Shantilal Maniklal Jaiwal filed

complaint with the office of Maharashtra Sate Electricity

Board and Cantonment Police Station as well as with Police

Commissioner against the illegal act committed by accused

No. 1 requesting therein that requisite legal action is to

be taken against all participants of this illegal act; but

so far no any action has not been taken against the accused

persons. Copy is annexed on Exhibit-J.

13. As the police did not take any action against the accused

hence on 29/8/2006 brother of the complainant Shantilal

Maniklal Jaiswal filed complaint against the accused No. 1

at Cantonment Police Station, Police Commissioner and

Cantonment Aurangabad; but till today no any action has been

taken by them against the accused. Copy of the said

complaint dated 29/8/2006 is annexed on Exhibit-C.

14. On 4/6/2006 was the Democracy Day on which the complainant

has filed application No 1185 in the office of District

Collector, Aurangabad. Accordingly on 4/9/2006 as per the

order letter No 443 of District Collector Maharashtra State

Electricity Board was ordered to take action against the

accused. Thereafter on 1/11/2006 vide letter No 5125

Maharashtra State Electricity Board informed the complainant

that the papers of No Objection Letter have been given to

Cantonment Police Station. It was also informed that if the

said bond is found as fake the electric connection would be

disconnected. Copy of this letter dated 1/11/2006 with

application is on Exhibit-L.

15. The complainant knew that against the accused on the

complaint of the complainant police did not take any action.

Hence on 3/9/2016 the complainant filed last complaint to

the police officer; but they said that they would not be

able to take any action on the complaint of the complainant

and asked him to file complaint with Maharashtra State

Electricity Board.

16. Hence on 15/9/2016 the complainant filed complaint before

Maharashtra State Electricity Board and requested them to

take necessary action; but they did not take any action

against the accused. This complaint is annexed on Exhibit-

N.

17. On 14/3/2017 again the complainant made complaintsat

Maharashtra State Electricity Board for taking necessary

action against the accused; but no action, was taken. The

complaint dated 14/3/2017 is annexed on Exhibit-O.

18. On 18/3/2017 regarding complaint of the complainant the

Superintending Engineer of Maharashtra State Electricity

Board sent a letter to the Executive Engineer and ordered

that as per the Company rules necessary action is to be

taken and its report is to be submitted to their Department.

This application is annexed on Exhibit-P.

19. As per the letter dated 18/3/2017 of Superintending Engineer

of Maharashtra State Electricity Board the Executive

Engineer did not take any action and did not submit their

report. Hence on 27/6/2017 the Superintending Engineer sent

letter to the Executive Engineer and called their

explanation ordering that as per the Company rules the

inquiry is to be made and report is to be submitted. This

letter dated 27/6/2017 is annexed on Exhibit-O.

20. The Executive Engineer of Maharashtra State Electricity

Board did not take any action. Hence again on 19/12/2017,

30/12/2017, 4/1/2018 the complainant gave written complaints

to the Senior Officers of Maharashtra State Electricity

Board; but till today no any action has been taken against

the accused and the complainant has not been informed by any

letter. These complaints are annexed on Exhibit-R. In this

regard no any action was taken and the complainant was no at

all informed. These complainants are annexed on Exhibit-5.

21. It is the fact that brother of the complainant Shantilal

Maniklal Jaiswal did not purchase any bond from the accused

and never given in writing the No Objection Letter to the

accused. Hence in this matter there is need of detailed

inquiry.

22. The accused made fake signature of brother of complainant

named Shantilal Maniklal Jaiswal and prepared fake bond of

No Objection and with an intention of causing deception to

the complainant taken electric connection from Maharashtra

State Electricity Board. However, Maharashtra State

Electricity Board has taken criminal action against the

accused.”

As observed above, the said FIR has been quashed by the High

Court by the judgment and order impugned in this special leave

petition. The High Court held as hereunder :-

“4) It is not disputed that applicant No. 1 has obtained the

connection of electricity. The submissions made show that

applicant No. 1 is in possession of the shop and he is running a

saloon shop. It is clear that he needs electricity for doing

this business, but the first informant was not giving no

objection certificate. He took every step to see that applicant

No. 1 does not get supply of electricity for his business. It

is not the case of the Applicant No. 1 that as per the agreement

between him and landlord, the landlord, the landlord is bound to

supply the electricity. 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.

5) The aforesaid circumstances need to be kept in mind and

then the definition of forgery, cheating, etc. given in the IPC

needs to be seen. It cannot be said in the present matter that

false record if any created has caused any harm to the property

or person of the first informant. In view of this circumstance,

it cannot be said that applicant No. 1 or his associate

committed aforesaid offences by taking connection of electricity

on the basis of such no objection certificate. This Court holds

that it will be misuse of process of law if the applicants are

directed to face the trial for aforesaid offences. In the

result, the application is allowed. The relief is granted to

the applicants in terms of prayer caluse ‘B’. Rule is made

absolute in those terms.”

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.

Be that as it may, the High Court clearly fell in error in

quashing the FIR. It cannot be said that fabrication and/or

creation of records and/or forging a signature does not constitute

an offence under the Indian Penal Code. The High Court completely

overlooked the definition of cheating in Section 415 of the IPC.

The impugned order cannot be sustained and the same is set

aside.

The appeal is, accordingly, allowed.

Pending applications, if any, shall stand disposed of.

It is however made clear that electricity supply granted,

shall not be discontinued, subject to compliance by the Respondents

of the terms and conditions of supply of electricity by the

electricity department including payment of charges for the same.

……………………………………………. J.

[INDIRA BANERJEE]

……………………………………………. J.

[C.T. RAVIKUMAR]

NEW DELHI;

MAY 13, 2022

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