Shri. Selvam v. The Superintending Engineer And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/148/2023 Shri Selvam ... Petitioner Vs.
The Superintending Engineer and Anr.
... Respondents Mr. Pardeshia Munda ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents March 16, 2023 [MAM] Item No.2 The petitioner is an encroacher of the subject immovable property as mentioned in Para 2 to the Writ Petition. The Government land belongs to the Union Territory of Andaman & Nicobar Islands.
The petitioner claimed electricity supply at the said immovable property. The contention of the respondents that the petitioner is not the title holder of the land and as such no electricity connection can be provided. In the instant case, since the petitioner had not applied through the online mode the petitioner will be at liberty to apply through the online mode.
Whether even a trespasser can enjoy the electricity connection, is now well settled by the Full Bench of the Calcutta High Court In the matter of: Abhimanyu Mazumdar vs. Superintending Engineer reported at 2011(2) CHN (Cal) 768.
In Para 16 of the said Judgment, the Hon'ble Full Bench had observed as under:- "16. Since all the lands in these Islands belong to the Union of India, the latter is not required to file a civil suit for eviction of a trespasser and the trespassers can be evicted by taking recourse to the Regulation of 1966.
However, so long such a trespasser in settled possession is not so evicted, he should be entitled to get electricity with the aid of Section 43 of the Electricity Act on compliance of the terms of supply as provided under law. It is needless to mention that the enjoyment of such electricity will not confer any right or equity in favour of the trespasser in occupation to defeat the title of the lawful owner."
In view of the settled law as discussed above the writ petitioner is eligible to receive the electricity connection. In the event the petitioner applies through the online mode the respondents Electricity department shall provide the supply to the petitioner positively within a period of four weeks from the date of submitting such online application upon compliance of all the provisions in the Electricity Act, if the petitioner is found to be in settled possession and occupation of the subject immovable property subject to compliance of all the formalities under the Electricity Act, Rules and Regulations thereunder strictly in accordance with law.
It is made clear that the petitioner shall be entitled to the enjoyment of the electricity connection so long the petitioner is not dispossessed by the true owner i.e. the appropriate Government with due process of law and the petitioner shall go on complying with all the statutory
requirements for the same including the necessary payment.
In the event of any default in payment takes place on the part of the petitioner in respect of the said electricity connection the respondent authorities shall be at liberty to take steps in accordance with law.
It is further made clear that this order shall not create any right or equity in favour of the petitioner in claiming any right, title and interest over and in respect of the subject immovable property. These conditions shall also bind the transferee/assignee and/or successor/successors in interest of the petitioner.
On the above terms this Writ Petition being WPA 148 of 2023 stands disposed of without any order as to costs. (Aniruddha Roy, J.)