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Delhi High Court has issued notice on a plea that has been filed seeking electricity connection for around 800 Pakistani Hindu Migrants residing in Jhuggi Basti on an open land in Adarsh Nagar, North Delhi.

The petitioner, Hariom, a social worker has alleged that the Pakistani Hindu Migrants have been living in Delhi Jal Board Maidan, Shah Alam Road, Adarsh Nagar, without electricity for the past few years and have been suffering Delhi’s extreme conditions without any help from the Government Authority.

He has contended that these Hindu migrants have been denied electricity connection on ground of lack of “valid ownership proof of applied address.”

Stressing that electricity connection nowadays is a basic human necessity and should not be rejected on technical grounds, the petitioner has sought electricity connections by way of either prepaid or post-paid electricity meters to the Hindu Minority Group.

He has also sought direction to Delhi Electricity Regulatory Commission to include Long Term Visa (LTV)/Passport as identity proof and Aadhar card as proof of occupancy under Rule 10 (2) and 10 (3) of Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017 and declare that aforesaid documents of Hindu Minority Migrants can be accepted for giving electricity connection.

The petitioner had averred before the court that some of the migrants applied to Tata Power Delhi Distribution Limited (TPDDL) for electricity connection in July this year but TPDDL refused to give electricity connection on the ground that these people are non – citizens and do not have any occupancy proof, therefore, they cannot be given electricity connection either through pre-paid or post-paid electricity meter.

He had contended that most of these migrants have their Identity Proof like Aadhar Cards, Passport (Pakistani) and Long-Term Visa (LTV) to proof their identity and occupancy of premises but still TPDDL refused to give electricity connection on the ground that Aadhar card can be used as an identity proof but it cannot be used as proof of occupancy of the premises.

Highlighting Rule 9 (1) of the Electricity (Rights of Consumers) Rules, 2020, the petitioner had argued that it is clear that while Aadhar card can be used as proof of occupancy while LTV or Passport can be used as identity proof while granting electricity connection to any applicant.

 “But outrightly refusing to give connection to the Hindu Minority migrants by the Respondent No. 3 is against the spirit behind framing The Electricity ( Rights of Consumers) Rules, 2020,” he had contended.

He had also stressed upon an Office memorandum pertaining to the Pradhan Mantri Sahaj Bijli Har Ghar Yojna ‘SAUBHAGYA’, launched by the Government of India in 2017 which clearly states that the details of consumers would be collected, however, release of connection would not be contingent on possession of any specific document.

He had contended that the aim of the aforesaid scheme was to give electricity connection to everyone in the country, especially to those who are financially weak, therefore, the condition of giving electricity connection was not based on the availability of any specific document.

“Rejection by the Respondent no. 3 (TPDDL) in giving electricity connection to Hindu Migrants who have limited financial resources defeat the idea behind the scheme and leave Hindu migrants high & dry,” he had averred.

Furthermore, he had submitted before the court that in order to help the migrant group, he had approached multiple Government Authorities including the Respondents but unfortunately, he could not succeed in getting electricity for them.

Stating his past efforts, he had also appraised the court about his application on April 4, 2021, to the Additional Secretary, Government of NCT of Delhi stating the conditions of the migrants and requesting to provide electricity to them to which he did not get any reply.

He had also submitted that another representation was made to the Government of NCT of Delhi and TPDDL on behalf of all the Hindu Minority Migrants through emails on July 16, 2021, which TPDDL acknowledged and gave directions to apply for a new connection in online mode through its website, however, no response was received from Power Department.

"This ignorance on the part of the government clearly shows how insensitive government is regarding the vital issues of the society wherein these migrants are forced to live without electricity and water in the scorching heat of summers in Delhi," he had said.   

He also told the court about his representation through his counsel to the Delhi Electricity Regulatory Commission to include Aadhar Card and long term visa (LTV) as sufficient proof of the occupancy of the land/premises and identity proof against which he has recieved no response so far.

Importantly, he had contended that after going through the various electricity supply codes of different states, it can be conclusively said that authorities have kept very liberal approach while granting electricity connection.

“Electricity connection is not dependent on the availability of any specific document and most of the states have started giving electricity connection only on the basis of Aadhar Cards,” he had argued.

Lastly, the petitioner had contended that Hindu Minority migrants if can be allowed to get PAN Card, Driving license and Aadhar Card, they can also be allowed to get electricity connection under relevant laws.

Case Title: Hariom v. Govt of NCT of Delhi & Ors