Bipul Gain v. The Superintending Engineer And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/329/2022 Bipul Gain ... Petitioner Vs.
The Superintending Engineer & Another ... Respondents Mr. S.K. Golder ...for the petitioner Mr. Tulsi Lall Ms. Preeja Menon ...for the respondents August 24, 2022 [MAM] Item No.8 The matter is listed under the heading 'Motion'. Ms. Preeja Menon, learned Advocate, is appearing on behalf of the respondents. On the consent of both the parties the matter is taken up for final hearing.
Learned Advocate for the petitioner contended since 1970 the petitioner occupied a piece of Government revenue land by way of encroachment bearing Survey No.131/P situated at Ward No.2, Netaji Colony, Dhanikhari Village, Port Bliar Tehsil and constructed a residential house and residing along with their family members since the time of their grandfather. It is submitted on behalf of the petitioner that the petitioner and his family members are made to struggle hard to study due to absence of the electricity in the house. The petitioner made several requests to provide electricity with respondent No.2 and
lastly submitted application on 05.5.2022 along with necessary affidavit undertaking and declaration requesting to provide domestic electric connection to the house of the petitioner. Be it mentioned, in order to extend benefit to citizens who are not been vested with right, title, interest in the encroached land, Government launched a scheme vide Ministry's letter No.U-13034/3/2003-ANL dated 02.5.2003 whereby it was mandated that those encroachers who were found in the government land up to March 1993 are entitled to get electric connection. Moreover, petitioner being the occupier is entitled to have the electricity supply in her aforementioned dwelling house under Section 43 of the Electricity Act, 2003. The respondents are not responded to the said application submitted by the petitioner and as such the present Writ application has been preferred for issuance of necessary direction by way of a Writ in the nature of mandamus to provide domestic electric connection forthwith to the aforesaid house of the petitioner.
Ms. Preeja Menon, learned Advocate, on behalf of the respondents submits that the respondents are ready and willing to provide electricity at the premises of the petitioner subject to fulfillment of conditions for installation of electricity and on payment of legitimate costs and charges for installation of electric connection by the petitioner.
Having considered the aforesaid facts and circumstances of the case and also relying upon the ratio laid down by the Three Judges Bench in Abhimanyu Mazumdar vs. Superintending Engineer reported in 2011(2) CHN (CAL) 768, the respondent authorities are hereby directed to install electricity in the aforesaid premises of the petitioner within a period of three weeks from the date of communication of the order on fulfillment of requisite conditions and on payment of legitimate costs and charges for installation of electricity by the petitioner. However, it is made clear that the order of installation of electricity in the said premises will no way give any right to the petitioner to claim any equity in future nor such order will confer any right, title or interest in favour of the petitioner in respect of the property in question.
WPA 329/2022 is accordingly disposed of. Urgent Photostat copy of this order be supplied to the parties after compliance of all required formalities.
(Ajoy Kumar Mukherjee, J.)