Shimla, Dec 6: A major rider of No Objection Certificate to seek power connection have been removed within the areas falling under Municipality and Panchayats in Himachal Pradesh.
A copy of the notification is with the United News of India.
Power connections, according to the notification, could be issued to any applicants without having concerned department NOCs. However, it would be subject to legal binding.
Notification stated that power connections could be issued to such applicants without NOC.
However, it would be regularised after the consent of the department and authority concerned.
The decision is an outcome of the October 22 landmark order by Himachal Pradesh High Court deciding that rights for water and electricity is undeniable under Article 21 of the Constitution could not be deprived of.
A division bench, comprising Chief Justice Surya Kant, and Mr. Justice Ajay Mohan Goel, had given the order while disposing writ petition filed by one Madan Lal ( resident of the municipal council Nahan ) against state.
'The prime consideration is whether the basic amenities of water and electricity shall be granted to the petitioner. Both the services are an integral part of Right to Life within the meaning of Article 21 of the Constitution of India,' the court observed.
Bench also observed that in the normal course, it would be reluctant to grant relief to a person alleged to be an encroacher on Government property.However 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 impact on the case.
Since the title dispute remains pending, for that considerable period the petitioner should be granted the amenities subject to their payment of requisite charges and should remain purely an interim and ad hoc measure till the title dispute was decided, the court added.
The petitioner constructed a residential house against which eviction proceedings were initiated as it was alleged that the land in possession was owned by the State Government.
When he applied for the electricity and water connections, both these amenities were denied on the premise that ‘No Objection Certificate’ was not issued by the Municipal Council.
The state is also expected to remove the rider of NOCs from water connections abiding the court order. (UNI)