Sudip Biswas v. The Superintending Engineer And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/147/2022 Sudip Biswas ... Petitioner Vs.

The Superintending Engineer and others ... Respondents Mrs.C.Kaladevi ... for the petitioner Mr.Salim Mohammed ... for the respondents April 29, 2022 [GNC] Item No.6 (SL) The petitioner claims to have occupied a piece of government revenue land bearing survey No.28/1, measuring an area of 300 square metres situated at Kali Nagar, under Little Andaman Tehsil, South Andaman District since 1993. It is contended that he is residing thereon, with his family by constructing a house.

It is contended that the petitioner applied in the prescribed form with necessary documents before the respondent No.3, i.e. Assistant Engineer (SAD), Electricity Department, Hut Bay, Little Andaman Tehsil, South Andaman District requesting grant of domestic electricity connection. The respondent authorities despite receiving the application have not granted electricity connection to the petitioner.

It is submitted that as the petitioner was in settled possession, the Electricity Department was duty bound to supply electricity to the premises of the petitioner.

Reliance has been placed on the decision of Abhimanyu Mazumder and others vs. The Superintending Engineer and others, reported in 2011 2 CHN 768. The Full Bench held, that if a person was in settled possession of a property in question, the authorities were bound to provide electricity connection, provided that such electricity connection would not create any equity in favour of such person.

Mr.Mohammed, the learned Advocate for the Electricity Department submits that unless the Department was satisfied that the petitioner was in occupation of the premises in question and was residing thereon, by building a residential house, electricity connection could not be granted as a matter of course. Having heard the rival contentions of the respective parties, this court is of the view that a person in settled possession of any land should be granted electricity connection as an "occupant". Such electricity connection would not create any right or equity in his favour.

The writ petition is disposed of with a direction upon the respondent No.3, i.e. Assistant Engineer (SAD), Electricity Department, Hut Bay, Little Andaman Tehsil, South Andaman District, to grant electricity connection to the premises of the petitioner, if the petitioner is found to be an 'occupant', in settled possession of the premises in question. The electricity connection shall be granted in accordance with law, upon compliance of all other formalities by the petitioner. The connection shall not create any title or equity in favour of the petitioner.

The entire exercise shall be completed within a period of four weeks from the date of communication of this order. With the above directions, the writ petition stands disposed of.

Parties are directed to act on the server copy of this order. (Shampa Sarkar, J.)