TNNLucknow: The Lucknow bench of the Allahabad high court has held that access to electricity is an important aspect of a dignified life and derives constitutional protection from Article 21 of the Constitution.Observing that electricity is essential for basic needs, the court said access to power cannot be viewed in isolation from human dignity. The HC, however, clarified that consumers must comply with applicable laws.A division bench of Justice Alok Mathur and Justice Abdhesh Kumar Chaudhary made the observations while allowing a writ petition filed by Rae Bareli resident Rakesh Kumar Mishra. The court said Clause 4.4 of the Electricity Supply Code, 2005 provides for an indemnity form as an alternative document for obtaining a new connection. An application cannot be rejected merely because a civil dispute over ownership of the property is pending, if the applicant is willing to furnish the indemnity bond.The petitioner had sought electricity connection for a house in Rae Bareli. A civil suit concerning the ownership of the property is pending before a court. The electricity department had rejected his application citing the absence of the requisite ownership documents.Counsel for the petitioner argued that the Electricity Supply Code permits an applicant to seek a connection by submitting an indemnity form.Setting aside the rejection order as illegal, the HC directed the executive engineer concerned to decide the application in accordance with law within 10 days of receiving a certified copy of the order. If the application is approved, the electricity connection must be provided forthwith.
