Notice of motion issued to DHBVN by Punjab and Haryana High Court- Issue of granting bulk electricity connections to builders.

Gustakhi Maaf Haryana- Pawan Kumar Bansal

Notice of Motion Issued to Dakshin Haryana Bijli Vitran Nigam on Plea Challenging Bulk Electricity Policy to builders.

In a significant development in the ongoing legal challenge mounted by Dr. Akhil Mahajan, a retired government doctor and prominent homebuyer rights activist, the Hon’ble Punjab and Haryana High Court Judge Harminder Singh Sethi has issued a notice of motion to Dakshin Haryana Bijli Vitran Nigam (DHBVN) in response to his petition questioning the legality of granting bulk electricity connections to private builders.
Dr. Mahajan has assailed the impugned policy on the ground that it permits an unlawful delegation of statutory duties, enabling private developers to control electricity distribution within residential colonies—an obligation which, he argues, squarely rests with the licensed public utility.
Taking cognizance of the submissions, the Court has sought a formal response from DHBVN, thereby setting the stage for judicial scrutiny of the policy framework governing electricity supply in builder-developed colonies.
The petitioner has contended that such delegation is per se illegal, arbitrary, and violative of statutory provisions, emphasizing that electricity distribution is a public function that cannot be abdicated or outsourced to private entities. He has further argued that the policy deprives lawful occupiers of their right to obtain direct and independent electricity connections, compelling them instead to rely on builder-controlled systems.
Raising a constitutional dimension, Dr. Mahajan has submitted that denial of electricity to lawful residents amounts to a violation of the right to live with dignity under Article 21 of the Constitution of India. He has highlighted the inconsistency wherein electricity access is extended even to occupants of informal settlements on humanitarian grounds, while compliant homebuyers are denied similar treatment.
According to the petition, the existing arrangement has led to:
Arbitrary and excessive billing by builders;
Lack of transparency and accountability;
Absence of direct consumer relationship with DHBVN; and
Continued post-possession exploitation of residents.
Dr. Mahajan has also pointed out that such practices undermine the objectives of the Haryana Real Estate Regulatory Authority, which is mandated to safeguard homebuyer interests and ensure fair real estate practices.
Through the present proceedings, the petitioner has sought:
Declaration that delegation of electricity distribution functions to builders is illegal;
Directions to DHBVN to discharge its statutory obligations directly;
Mandatory provision of individual electricity connections to each occupier; and
Quashing or appropriate modification of the impugned policy.
The issuance of notice of motion marks an important procedural step, indicating that the Court has found prima facie merit in the matter and considers it worthy of detailed examination.
The case is expected to have far-reaching implications for residential developments across Haryana, particularly in relation to electricity supply mechanisms and the rights of homebuyers vis-à-vis public utilities.