Janak Ram v. The Superintendent Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/222/2024 Janak Ram Vs.

The Superintending Engineer and another Mr. Ruben Antory ... for the petitioner Mr. Tulsi Lall ... for the respondents June 19, 2024 [SR] Item no.12 The petitioner has applied for electricity connection to his premises, which according to the respondent authority is an illegal structure constructed by the petitioner only to get the electricity connection.

It is settled law that a person in settled possession of the property is entitled to get electricity connection, irrespective of the legality of such possession.

That apart, Section 43 of the Electricity Act, 2003 is specific as to an occupier being entitled to such connection, which is a basic necessity connected with the right to life as enshrined in Article 21 of the Constitution of India.

In such view of the matter, WPA/222/2024 is allowed on contest, thereby directing the respondent authority to immediately give electricity connection to the petitioner, subject to the petitioner otherwise complying with all formalities by paying the amount as per the quotation raised by the respondent authorities. The respondent

authorities, if not already done, shall issue their offer letter within a week from date.

Upon the petitioner complying with such formalities, electricity connection shall be given by the respondents to the petitioner within a further week thereafter. It is, however, made clear that merely giving of the electricity connection shall not create any special right or equity in favour of the petitioner and will be without prejudice to the rights and contentions of the parties regarding the legality of the said structure.

Urgent certified server copies, if applied for, be issued to the parties upon compliance of due formalities.

( Sabyasachi Bhattacharyya, J. )