Niva Rani Dey v. The Superintending Engineer And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/333/2022 Niva Rani Dey ... Petitioner Vs.
The Superintending Engineer & Others ... Respondents Mr. Pardeshia Munda ...for the petitioner Mr. Tulsi Lall Ms. Preeja Menon ...for the respondents August 24, 2022 [MAM] Item No.9 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 long, the petitioner occupied a piece of Government revenue land having an area of 200 square meters situated at UP Tikrey, Sippighat Village, Port Bliar Tehsil and constructed a residential house and residing therein. It is submitted on behalf of the petitioner that the petitioner is made to struggle hard to pass her days in absence of the electricity in the house. The petitioner made several requests to provide electricity with respondent No.3 and submitted applications on 24.6.2022 and 27.6.2022 along with necessary affidavit undertaking and declaration requesting
to provide domestic electric connection to the house of the petitioner. It is submitted on behalf of the petitioner that after the enactment of the Electricity Act, 2003, an occupier is not required to be a legal occupier. As per old Act of 1910, the word "Occupier" was defined but the same has been deleted, meaning thereby that the intention of the legislature was not to deprive even the encroacher to obtain electricity. The respondents are not responded to the said applications submitted by the petitioner on the ground that petitioner's house situated on an encroached land 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 333/2022 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.)