Laxmi Amma v. The Superintending Engineer

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR ] *** WPA/230/2021 Laxmi Amma ...

Petitioner Vs.

The Superintending Engineer and others ...

Respondents Mrs.C.Kala Devi, Mrs.Gloriya Mary, Advocates ... for the petitioner Mr.Arul Prasanth, Advocate ... for the respondents September 20, 2021 [GNC] Item No.19 The present writ petition is filed by the occupant of survey plot No. 330 measuring an area of 200 square meters situated at Cylone Basti, Little Andaman, South Andaman district seeking an order upon the respondent authorities to provide electricity connection thereat. It is contended that the petitioner is occupying the premises and enjoying the same by constructing dwelling house uninterruptedly for a pretty long time and the authorities have unreasonably withheld the application for supply of electricity.

Mr.Prasanth appearing for the Administration raises an objection to the prayer made in the said writ petition. According to him, the petitioner is forcibly occupying the land and therefore, not entitled to electricity. It is further submitted that the said land is covered under the forest area and not a revenue

land and therefore, an affidavit is required to be filed in terms of the order of the Superintending Engineer.

After promulgation of the Electricity Act, 2003 it is duty of the Distributor or the Licensee to supply electricity on request made through an application to the owner or occupier of any premises. There is no classification of the 'occupier' under the said Act, more particularly, that a person who is in lawful possession of the land is only entitled to supply of electricity. The Act does not envisage such situation as to when the occupier is entitled to have the supply of electricity. The authority cannot put any fetter by imposition of any conditions. The occupation is paramount and once proved the authorities cannot take shelter that such occupation is wrongful and/or illegal.

Till date the petitioner is in occupation and in the paragraph 3 of the writ petition has also indicated the survey plot number where the supply is to be effected and therefore, the contention of the respondents cannot be entertained. In view of the mandate given under section 43 of the Act the authorities cannot withhold the supply of electricity nor can deny such supply to an occupant of the plot of the land.

petitioner in extending the supply of electricity to the survey plot number as indicated in paragraph 3 of the writ petition within one month from the date of communication of this order subject to the fulfillment of the other conditions namely the deposit of the requisite fees and the charges required therefor. Since the writ petition is disposed of at the admission stage itself the allegations made therein shall not be deemed to have been admitted by the respondents.

( Harish Tandon, J. )