Smti. Y. Mohiniamma v. The Superintending Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/282/2024 Smt Y. Mohiniamma Vs.

The Superintending Engineer Mr. K. Vijay Kumar ... for the petitioner Mr. Tulsi Lall ... for the respondent June 20, 2024 [SR] Item Nos.5 Learned counsel for the petitioner contends that the petitioner has applied for electricity connection which not been given to the petitioner, for which the present writ petition has been filed.

Learned counsel appearing for the respondent authorities submits that since the petitioner could not produce the relevant documents in compliance of the Supply Code, the connection could not be given to the petitioner.

It transpires that the Distribution Licencee is insisting upon the petitioner to produce no objection certificate from the owner of the property and it is the case of the respondents that the petitioner only produced an agreement in respect of the property.

It is settled law that a person in settled occupation of a property, irrespective of the legality of such possession, is entitled to electricity connection under Section 43 of the Electricity Act, 2003.

Moreover, Section 43 envisages that an occupier, even if not an owner, is entitled to such connection, hence rendering the requirement of furnishing a 'no objection' from the owner redundant.

Moreover, the Supply Code itself, in its relevant provisions, does not mandate furnishing of 'no objection' certificate as the sole criterion for grant of electricity. Such no

objection certificate is merely one of the alternative documents which according to the Supply Code can be produced by an applicant to get electricity connection.

Hence, even going by the Supply Code, the insistence of the respondents on such document is unwarranted and also contrary to law.

Accordingly, WPA/282/2024 is allowed on contest, directing the respondents to give electricity connection to the petitioner at the earliest, subject to the petitioner complying with all formalities, including furnishing some prima facie proof/document of the petitioner's possession in respect of the property, positively within a fortnight from date. For such purpose, the respondents shall issue an offer letter to the petitioner within three days from date.

( Sabyasachi Bhattacharyya, J. )