Bringing you the Best Analytical Legal News

Home › Case Briefs › Water And Electricity Supply Form A Part Of Right To Life Under Article 21 Of The Constitution Of India:
Himachal Pradesh Hc

Water and electricity supply form a part of right to life

under Article 21 of the Constitution of India: Himachal
Pradesh HC
Himachal Pradesh High Court: A Division Judge Bench comprising of Surya Kant, CJ and
Ajay Mohan Goel, J., disposed of an appeal
Published on October 25, 2018 - By Bhumika Indulia

Advertisement

Post

Himachal Pradesh High Court: A Division Judge Bench comprising of Surya Kant, CJ and Ajay Mohan Goel, J., disposed of an appeal wherein the
right to water and electricity supply was directed as them being the basic necessities of life.
The petitioner constructed a residential house against which eviction proceedings were initiated against the petitioner as the land in possession
was owned by the State Government. The petitioner applied for the electricity and water connections, but both these amenities were denied on
the premise that ‘No Objection Certificate’ was not issued by the Municipal Council.
The respondents submitted that the same cannot be granted as the petitioner has not risen the construction after getting building plan
sanctioned plus the petitioner unauthorizedly occupied the Government land and raised illegal construction, without seeking prior approval of
the authorities.
The Court agreed to the fact that ordinarily, it would be reluctant in granting relief to a person alleged to be an encroacher over the Government
property, but at the same time, it was not expedient to express any view on merits, as any observation in relation to this issue was likely to have
impacted on the merits of the case.
The prime consideration was whether the basic amenities of water and electricity shall be granted to the petitioner or not. It was stated that as
they were an integral part of Right to Life within the meaning of Article 21 of the Constitution of India calls for immediate action. Thus till the title
dispute remains pending, for that considerable period the petitioner shall be granted the same on subject to their payment of requisite charges
and shall remain purely an interim and ad hoc measure till the title dispute was decided. Accordingly, the appeal was disposed of. [Madan Lal v.
State of Himachal Pradesh, 2018 SCC OnLine HP 1495, decided on22-10-2018]
Tags : Article 21 of Constitution of India | Electricity Supply | life | Necessities | Right to Water

MOST READ
 24 hours 7 days All time

Law School News Others Law School News Others Law School News Moot Court Announcements
Lloyd | VaakShetra MUN (VMUN) [29th Feb – 6th RGNUL Sports & Entertainment Law 8th National Moot Court Competition, 2024 |
1st March, 2024] Mediation Competition (6th SEMC) | Register Symbiosis Law School, Hyderabad | 5th-7th
by Feb 27, 2024 April 2024 | Register by 2nd March

Case Briefs High Courts
[Higher Judicial Service Examination]
Rajasthan HC directs Examination Cell to
constitute an Expert Committee of eminent
Jurists/Professors for examination of copies
Case Briefs High Courts
Calcutta High Court finds no illegality or
material irregularity in DRAT’s order; reiterates
High Court’s jurisdictional limits under Article
227
Case Briefs High Courts
Gujarat High Court directs NCLT Ahmedabad
to permit use of electronic devices during
hearings

News Submissions Article Submissions

    
blog@scconline.com articles@scconline.com
Download SCC Online App for Android
Users/IOS Users

Disclaimer : The content of this Blog are for informational purposes only and for the reader's personal non-commercial use. The views
expressed are not the personal views of EBC Publishing Pvt. Ltd. and do not constitute legal advice. The contents are intended, but not
guaranteed, to be correct, complete, or up to date. EBC Publishing Pvt. Ltd. disclaims all liability to any person for any loss or damage caused
by errors or omissions, whether arising from negligence, accident or any other cause.

© 2024 EBC Publishing Pvt. Ltd. All rights reserved.