Section 45 of Delhi Rent Control Act, 1958 - Cutting Off or Withholding Essential Supply or Service
Section 45 protects a tenant against a landlord cutting off or withholding an essential supply or service, without just and sufficient cause, in respect of the let premises. It also empowers the Rent Controller to grant restoration relief, including interim restoration in the circumstances stated in the section.
Updated: 24 September 2026
What Section 45 provides
The provision is aimed at preventing essential amenities from being used as pressure against a tenant. A tenant may approach the Controller where an essential supply or service enjoyed in respect of the premises has been cut off or withheld in contravention of the section.
| Provision | Effect |
|---|---|
| Section 45(1) | Prohibits the landlord, directly or through another person, from cutting off or withholding an essential supply or service without just and sufficient cause. |
| Section 45(2) | Allows the tenant to apply to the Controller complaining of the contravention. |
| Section 45(3) | Permits immediate interim restoration where the Controller is satisfied that the supply or service was cut off or withheld to compel the tenant to vacate or pay enhanced rent. |
| Section 45(4) | Requires restoration after inquiry where the Controller finds that the supply or service was cut off or withheld without just and sufficient cause. |
| Section 45(5) | Provides limited compensation in the circumstances specified in the provision. |
Text of Section 45
(1) No landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.
(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such contravention.
(3) If the Controller is satisfied that the essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the Controller may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4).
Explanation. An interim order may be passed under this sub-section without giving notice to the landlord.
(4) If the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service.
(5) The Controller may in his discretion direct that compensation not exceeding fifty rupees -
(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously;
(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause.
Explanation I. In this section, "essential supply or service" includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.
Explanation II. For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any competent authority.
Meaning of essential supply or service
Explanation I expressly includes water, electricity, lights in passages and on staircases, conservancy and sanitary services. The statutory word "includes" indicates that these are specified examples within the provision rather than wording framed as an exhaustive definition.
When can a tenant seek interim restoration?
Under Section 45(3), interim restoration is available where the Controller is satisfied that the landlord cut off or withheld the essential supply or service with a view to compel the tenant either to vacate the premises or to pay enhanced rent. The Explanation to sub-section (3) expressly permits such an interim order without prior notice to the landlord.
Acts and omissions attributable to the landlord
Explanation II makes the protection broader than a direct physical disconnection by the landlord. Withholding also includes acts or omissions attributable to the landlord that result in the local authority or another competent authority cutting off the essential supply or service.
Application before the Rent Controller
A tenant alleging contravention may apply to the Controller under Section 45(2). The facts should clearly identify the tenancy and premises, the essential supply or service affected, when and how it was cut off or withheld, why the act is attributed to the landlord, and the restoration or interim restoration sought. Supporting bills, notices, photographs, correspondence or communications from the utility or authority may be relevant depending on the facts.