Smti.Sagorika Mandal v. The Superintending Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/289/2024 Smti. Sagorika Mandal ... Petitioner Vs.

The Superintending Engineer and Anr. ... Respondents Mr. Kishore Karmakar ...for the Petitioner (On behalf of Mr. S.K. Golder) Mr. Tulsi Lall ...for the Respondents June 20, 2024 (M.A.Mobin) Item No.15 The grievance ventilated in the present application is about non-action on the part of the Respondents about granting electricity at the dwelling house of the petitioner. The petitioner's case in a nutshell is that in the year 1970 the father of the petitioner encroached a Government Vacant Revenue Land by building a dwelling house standing in Sy. No.1/P at Temple Myo Village near Kali Mandir under South Andaman District and the petitioner's father after clearing bushes and by constructing a wooden structure started residing therein with his family members. He further submits that thereafter petitioner continued to live with his family therein and that except the said land, the petitioner has no other landed immovable property in these Islands. Since there is no electricity connection in the

dwelling house of the petitioner, he approached before the competent authority for getting electric connection, but the authority has turned down his request on the ground that no title on the said land had yet been conferred to the petitioner by any competent authority.

In this context the petitioner contended that the Government of India in order to extend benefit to citizens who are not vested with right, title and interest in the encroached land, 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.

The petitioner accordingly contended that his case squarely falls within the said policy decision and accordingly he is entitled to get electric connection in the aforesaid dwelling house.

The petitioner further contended that he made several representations to the Respondent authorities for installation of electric connection but no fruitful result yielded and finally on 7th December, 2023 the petitioner again submitted an online application/representation before the Respondent authorities for supplying electricity connection but the authority had not disposed of said representation and has kept it pending.

Mr. Karmakar, learned Counsel appearing on behalf of the petitioner argued that the issue with regard to the

grant of electricity has been settled by various judicial pronouncements. Under Section 43 of the Electricity Act, 2003 the petitioner being an occupier is entitled to have the electricity supply in his aforesaid dwelling house and accordingly he prays for necessary direction by issuance of Writ.

Learned Counsel appearing on behalf of the Respondents submits that no title has yet been conferred to the petitioner in respect of said land. However, his representation is under process and necessary steps would be taken in this context for disposal of the representation. Having considered the facts and circumstances of the case it appears that Section 43 of the Electricity Act, 2003 has been clearly interpreted in several judgments of this Court observing that a person in settled possession of a property is entitled to get electricity connection subject to compliance of formalities. This is also because mere giving of an electricity connection to a person does not create any equity or legal right over the land on structure in favour of such person.

In such view of the matter the present Application being WPA 289 of 2024 is hereby disposed of with a direction upon the Respondent authority to install electric connection at the above mentioned dwelling house of the petitioner upon compliance of all due formalities by the petitioner and upon payment of all requisite charges for getting such connection. Such connection shall be given as

expeditiously as possible preferably within a period of one month from the date of this order.

It is however made clear that mere granting electricity connection shall not confer any special right or legal right in favour of the petitioner other than which the petitioner already is entitled to get.

Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Ajoy Kumar Mukherjee, J.)