Manish Lall v. The Superintending Engineer

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/451/2023 Manish Lall Vs.

The Superintending Engineer and another Mr. K.M.Sheheer ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents March 13, 2023 [SR] Item No.10 The petitioner prays for electricity connection in his dwelling house.

He has submitted that he has been encroaching/ occupying a piece of Government revenue land situated at Bambooflat Village, House No.1, under Ferrargunj Tehsil, South Andaman, Andaman and Nicobar Islands where he started residing along with his family by constructing dwelling house and he is in continuous uninterrupted physical possession of the said Government revenue land. The petitioner applied for electricity connection before the Electricity Department, Andaman and Nicobar Administration for availing new service connection for supply of energy under clause 3.5 & 3.6 of the JERC Regulation - 11/2020 "Electricity Supply Code", which has been rejected by the authority as appears from page 14 of the writ application on the ground of encroachment of land.

Enjoyment of electricity is a matter covered under Right to Life as has been enshrined under Article 21 of the Constitution of India and this cannot be denied even to an encroacher or to an illegal occupier. Therefore, the petitioner should be given electricity connection on payment of usual charges within a period of thirty days from the date of payment of charges required and I direct the respondent no.2, being the Assistant Engineer, Electricity Department to take immediate steps in this regard so that the petitioner can get electricity.

Such connection will not create any equity in his favour.

The processing action as appears from page 14 of the writ application against the application no.9919 dated 28/12/2022, which has been rejected is set aside and quashed and the said Assistant Engineer is directed to intimate the petitioner the required fees and charges to be deposited for getting electricity connection in the dwelling house within a period of fifteen days from the date of communication of this order.

With the observation and direction, this writ petition, being WPA/451/2023, is disposed of.

( Abhijit Gangopadhyay, J. )