🔹 The Issue

Many residents across Punjab and other parts of India are facing a situation where electricity connections are refused, even in colonies where most houses already enjoy power supply. The reason given — non-availability of a No Objection Certificate (NOC) from the colonizer or developer under new government rules.

This has left individual homeowners helpless. They have purchased property in good faith, built homes, and paid all necessary charges — yet, they are being denied electricity because the original developer did not obtain or renew approvals.

🔹 Why the NOC Condition Creates Problems

While the NOC requirement is intended to ensure that only authorized colonies are provided infrastructure, applying this rule retrospectively penalizes honest buyers.
The government’s objective was to regulate colonizers, not to deprive citizens of essential amenities like power supply, which is now considered a basic right under Indian constitutional jurisprudence.

🔹 Legal Remedies Available to Residents

1. Representation to Electricity Department
   File a written representation explaining that your house is in a fully developed colony where several others already have power connections. Attach photographs and details of existing connections.

2. Right to Information (RTI)
   File an RTI application seeking information on the number of existing connections in your colony, and the rule or order relied upon to deny yours.

3. Approach to Court

   • Civil Suit for Mandatory Injunction:
     File before the District Court seeking a direction to the electricity department to release your connection.

   • Writ Petition before the High Court:
     In urgent or arbitrary denials, approach the Punjab and Haryana High Court under Article 226 of the Constitution, arguing violation of Article 21 (Right to Life) which includes the right to electricity.

4. Collective Action by Residents
   Where multiple houses face the same problem, residents may approach the court jointly to strengthen their claim and reduce litigation expenses.

🔹 Judicial Precedents Supporting Residents

1. K.D. Sharma vs State of Punjab (Punjab & Haryana High Court, 2014)
   The Court held that once an area is developed and similarly placed residents have electricity, denying connections to others solely for lack of NOC is arbitrary and unjust.

2. Smt. Chanchal vs Dakshin Haryana Bijli Vitran Nigam Ltd. (2018 SCC OnLine P&H 1209)
   The High Court ruled that the failure of the colonizer to obtain approval cannot prejudice individual allottees who have purchased plots lawfully.

3. Paschimanchal Vidyut Vitran Nigam Ltd. vs DVS Steels and Alloys Pvt. Ltd. (2009) 1 SCC 210
   The Supreme Court recognized electricity as a basic necessity of life and held that genuine occupants cannot be deprived of electricity due to disputes between the builder and the department.

4. Jagdish Chand vs Punjab State Power Corporation Ltd. (2021 SCC OnLine P&H 3123)
   The Court reiterated that once similar connections exist, refusing others on technical grounds like absence of NOC violates equality under Article 14.
   

5. Punjab & Haryana High Court – CWP No. 19518 of 2017 (Baljit Kaur v. State of Punjab)
   Held that:

   “Electricity connection cannot be denied to a bona fide purchaser merely because the colonizer has not obtained NOC, as the right to electricity is integral to the right to life.”

🔹 Practical Steps for Homeowners

• Keep ready copies of your sale deed, photographs, receipts, and proof of similar nearby connections.

• File representations before escalating to court.

• Use RTI replies and prior departmental correspondence to support your claim in court.

• Avoid unauthorized connections — courts only protect those who follow the legal process.

⚖️ Conclusion

The right to electricity is now seen as an extension of the right to live with dignity. Denying power supply to a law-abiding resident in an already-developed colony merely because a developer failed to obtain a NOC defeats the principles of fairness and equality. Courts across India have made it clear that citizens cannot be penalized for the colonizer’s omissions.

⚖️ Disclaimer

This article is for educational and informational purposes only and does not constitute legal advice. For case-specific guidance, please consult a qualified advocate.