Shri Shyamlal Das v. The Superintending Engineer And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/30/2025 Shri Shyamlal Das ... Petitioner Vs.

The Superintending Engineer and Ors.

... Respondents Mr. N.A. Khan ...for the Petitioner Ms. Babita Das ...for the Respondent no.3 January 28, 2025 (M.A.Mobin) Item No.6

1. Despite service, none appears on behalf of the Respondent nos. 1 and 2.

2. The present Writ Petition has been instituted seeking a directive to Respondent No. 2 to provide an electricity connection at the petitioner's residence.

3. The essential facts that must be adumbrated for the effective adjudication of the present writ petition are that the petitioner has encroached upon a parcel of government land, measuring 300 square meters, situated at Bharat Pur, Shaheed Dweep, bearing Survey No. 165, within the jurisdiction of Sri Vijaya Puram Tehsil, South Andaman District.

4. Subsequently, the petitioner constructed a residential house on the encroached land, and in order to make it habitable, he approached Respondent No. 2 with a request for an electricity connection. Upon receipt of the application, a File No. PL/JE/SH/777 dated 31.07.2023 was assigned. Further, based on the application, an

inspection was conducted, an estimate was prepared, and a copy of that estimate was provided to the petitioner.

5. However, following the completion of the inspection and the estimation of the proposed cost for providing the electricity connection, Respondent No. 2, through a letter appearing at page 43 of the writ petition, sought confirmation regarding whether the petitioner was in settled possession of the land. Subsequently, no further effective steps were taken in this regard, which compelled the petitioner to invoke the extraordinary jurisdiction of this Court by filing the present writ petition.

6. Mr. Khan, learned Advocate representing the petitioner, submits that the electrification has not been carried out, citing the reason that the petitioner is an encroacher and has constructed his residence on government land. He contends that it is well-established that even a trespasser is entitled to receive an electricity connection for his residence. He further asserts that the petitioner's status as an encroacher with respect to the land cannot stand in the way of providing an electricity connection to the petitioner's residence.

7. Ms. Das, learned Advocate representing Respondent No. 3, submits that the petitioner, being an encroacher upon government land, has constructed a residence thereon, and may also have some vacant land in his

possession. She contends that, in light of this situation, the petitioner's prayer cannot be granted.

8. Heard the learned Advocates. Perused the materials on record.

9. To shed a bacon light on this contentious issue, it would be prudent to reproduced the provisions of sub-section 1 of Section 43 of the Electricity Act, 2003 , which is as follows:

"Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply .."

10. Section 43 of the Electricity Act, 2003 recognizes that even an occupier of land is entitled to receive an electricity connection, which has now become an essential civic amenity, for his premises.

11. The issue of whether an occupier is entitled to an electricity connection was considered by an Hon'ble Constitutional Bench of this Court in the case of Shri Abhimanyu Mazumder v. Superintending Engineer and Others, reported at AIR 2011 Calcutta 64. The Hon'ble Bench held that when a trespasser has been in effective possession of land for a sufficiently long period, to the knowledge of the rightful owner, without any attempt to conceal such possession, and where the real owner has not disturbed the possession, the trespasser may be regarded as being in settled

possession. The Court further ruled that such a trespasser, until evicted through due process of law, is entitled to receive an electricity connection at his residence.

12. In the present case, the petitioner has encroached upon the land and constructed a residential house thereon. Subsequently, he applied for an electricity connection for his residence. It can thus be reasonably concluded that the petitioner has been in possession of the land for a considerable period, to the knowledge of the rightful owner, without any disturbance from the owner. This is not a mere incidental or casual act of trespassing. Therefore, the petitioner must be regarded as being in 'settled possession' of the land and as an occupier within the meaning of Section 43 of the Electricity Act, 2003.

13. Therefore, in light of the foregoing discussion, it is held that the petitioner is entitled to an electricity connection for his residence, at least until he is evicted through due process of law.

14. Consequently, the writ petition is disposed of directing the Respondent No. 2 to provide an electricity connection to the petitioner's residence, upon completion of all necessary formalities and payment of the requisite fees, within a period of four weeks from the date of receipt of a copy of this order, unless there is any other legal impediment. However, it is clarified that the granting of the electricity connection or the petitioner's enjoyment of electricity shall not confer any right or

equity upon the petitioner to adversely affect the title of the lawful owner.

15. In the facts and circumstances of the case, there shall be no order as to the costs.

(Partha Sarathi Chatterjee, J.)