Right To Electricity Is A Fundamental Right Under Article 21; Cannot Be Denied On The Ground Of Dispute Over Premises: Allahabad High Court

"Right to shelter, therefore, does not mean a mere right to a roof over one's head but right to all the infrastructure necessary to enable them to live and develop as a human being... electricity is a basic amenity of which a person cannot be deprived." Allahabad High Court, in a significant ruling dated September 28, 2026, held that access to electricity is an indispensable component of the right to life guaranteed under Article 21 of the Constitution of India.

A division bench comprising Justice Prakash Padia and Justice Vivek Saran observed that the state and its instrumentalities cannot deprive an occupant of premises from basic amenities, such as electricity, based on administrative policies or disputes that do not address the fundamental human necessity of a decent living environment.

The petitioner, Fanindra Das, sought the restoration of an electricity connection for a temple premises located within a Railway Colony in Ballia, which had been previously held by his late father. The Railway authorities had rejected the application, citing a 1996 policy that prohibited electricity connections to private individuals on Railway land, and noted an existing dispute between the petitioner and his brother regarding the occupancy of the premises. The petitioner challenged these rejection orders dated July 26, 2011, and May 9, 2012, before the High Court.

The primary question before the court was whether the Railway authorities could deny an electricity connection to an occupant of the premises based on departmental circulars and existing internal disputes. The court was also called upon to determine whether the denial of such a basic amenity constitutes a violation of the fundamental rights of the occupant under Article 21 of the Constitution.

Electricity as a Basic Human Right

The court emphasized that the right to life is not limited to mere animal existence but extends to a life of dignity with access to essential infrastructure. Relying on the Supreme Court's decision in Chameli Singh and others Vs. State of U.P. and another, the bench noted that electricity is a vital component of the right to shelter and a dignified life.

Court Highlights Duty of State to Provide Amenities

The court underscored that in an organized society, the state is under an obligation to facilitate the development of its citizens by ensuring access to light, air, water, and electricity. The bench observed that the lack of such amenities frustrates the constitutional mandate of equality and dignity, effectively inhibiting a citizen's potential for physical, mental, and intellectual growth.

Refusal to Connect Cannot Be Arbitrary

Addressing the reliance placed by the Railways on their departmental policy, the court clarified that administrative circulars cannot override the fundamental rights of a person residing in the premises. Referring to the Supreme Court's ruling in Dilip (Dead) Vs. Satish and others, the bench stated that electricity is a basic amenity that cannot be denied to a person in occupation of the premises, even if there is a refusal by others to issue a 'No Objection Certificate'.

Court Reiterates Occupancy Is The Crucial Test

The bench emphasized that the primary responsibility of the electricity supply authority is to verify the applicant's occupation of the premises. Once occupation is established, the denial of electricity on the ground of internal disputes or policy constraints that do not account for human rights is legally unsustainable.

Finding that the petitioner had been forced to live without electricity for over a decade, the court allowed the petition and quashed the impugned orders. The General Manager of the North Eastern Railway, Gorakhpur, was directed to provide an electricity connection to the petitioner within 30 days, subject to the petitioner completing all necessary formalities and providing an appropriate bond.

Date of Decision: 28 September 2026