Mr.Mustafa Sheik v. The Superintending Engineer And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/281/2025 Mr. Mustafa Sheik Vs The Superintending Engineer and Others Mr. G. Ravi Shankar ... for the petitioner Mr. S. C. Mishra ... for the respondents September 02, 2025 [AKB] Item No.3 The petitioner has preferred the present writ petition seeking a direction upon the respondent authorities to provide electricity connection to his dwelling house situated on government revenue land bearing Survey No.
145/P, admeasuring 250 sq. mtrs., at Tushnabad village, near Gram Panchayat Tushnabad, under Ferrargunj Tehsil, South Andaman District.
It is the case of the petitioner that he is in occupation of the said government revenue land as an encroacher. He submitted an application for electricity connection bearing Application No. 28416 dated 17.03.2025. However, the online status of the said application reflected rejection on the ground that the petitioner failed to produce the requisite No Objection Certificate in terms of Clause 5.30 of the JERC Regulation, 2018. Being aggrieved thereby, the petitioner has approached this Court by way of the present writ petition. A report has been filed on behalf of the respondents. It has been stated therein that upon inspection of the site, it was found that the petitioner had not completed construction of the
house and the internal wiring/earthing was also incomplete. On the grounds of safety, therefore, providing electricity supply at this stage was considered unsuitable. It was further reiterated in the report that the petitioner's application was rejected for want of a No Objection Certificate as mandated under Clause 5.30 of the JERC Regulation, 2018. Learned counsel for the respondents has also contended that the writ petition is not maintainable in view of the alternative remedy available before the Consumer Grievance Redressal Forum.
The petitioner, however, has filed his exception to the said report and annexed photographs to demonstrate that the construction of his dwelling unit has been completed and the wiring as well as earthing work has also been duly carried out. The assertion of the respondents that the structure is unsuitable for electricity supply is specifically disputed by the petitioner.
This Court has heard learned counsel for the parties and carefully perused the records.
It appears that the petitioner is indeed seeking electricity connection for a completed dwelling house constructed by him. The photographs placed on record reveal that the construction has been completed along with wiring and earthing. The rejection of the petitioner's application was solely on the ground of non-submission of No Objection Certificate from the land owner, as required under Clause 5.30 of the JERC Regulation, 2018. The issue, whether such a certificate is a mandatory precondition for grant of electricity connection, is no
longer res integra. The same question has been considered by a coordinate Bench of this Court in WPA/216/2025, which by order dated 11.07.2025, held as follows:
"In the present case it is not denied that the petitioner is not in occupation of the premises in question. The electricity connection has been denied as the petitioner has not provided the documents as required under Clause 5.30 of JERC Regulation, 2018. The similar issue was considered by the Coordinate Bench of this Court in WPA/213/2025 wherein this Court considered that clause 5.30 does not in any manner fetter the right of occupant to get electricity connection.
Considering the above this Court finds that the petitioner is in occupation of the government revenue land and has constructed the house and required electricity connection. This Court also finds that it is not possible for the illegal occupier to obtain the document which is required under the Clause 5.30 of the JERC Regulation, 2018. The authority have made an attempt by notifying the rule only to prevent the illegal occupier for grant of electricity. Thus, this Court hold that the document as prescribed under Clause 5.30 is not required to be produce by the illegal occupier who has constructed the house in the government revenue land. Accordingly, the impugned order passed by the Assistant Engineer- II (HQ) dated 14.02.2025 is set aside and quashed. The Assistant Engineer-II (HQ), Electricity Department is directed to provide electricity connection to the petitioner within a period of four weeks from the date of receipt of this order on compliance of all formalities."
In view of the aforesaid legal position, the rejection of the petitioner's application for electricity connection on the ground of non-compliance with Clause 5.30 of the JERC Regulation, 2018 cannot be sustained in law.
Accordingly, the respondents are directed to provide electricity connection to the petitioner's premises within a period of four weeks from the date of receipt of a copy of this order, subject to the petitioner's compliance with all other requisite formalities as prescribed, including a fresh inspection, if so required.
With the above direction, the present writ petition is disposed of.
(Gaurang Kanth, J.)