Sankari Sardar v. The Superintending Engineer And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/372/2022 Sankari Sardar ... Petitioner Vs.
The Superintending Engineer & Ors. ... Respondents Mrs. C. Kala Devi ...for the petitioner Mr. Rakesh Kumar Ms. Preeja Menon ...for the respondents August 26, 2022 [MAM] Item No.18 The matter is listed under the heading 'Motion'. Mr. Rakesh Kumar, 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 bearing Survey No.28/1 having an area of about 200 sq. mtrs. situated at Kali Nagar, Little Andaman Tehsil, South Andaman District and constructed a residential house and residing along with her family members. It is submitted on behalf of the petitioner that the petitioner and her family members are made to struggle hard to study and to do household works due to absence of the electricity in the house. The petitioner made several requests to provide electricity with respondent Nos.3 & 4 and lastly submitted
representation on 12.10.2021 along with necessary affidavit undertaking and declaration requesting to provide domestic electric connection to the house of the petitioner. It is submitted that petitioner being the occupier is entitled to have the electricity supply in her aforementioned dwelling house under Section 43 of the Electricity Act, 2003.
It is further submitted that the Division Bench of this Court in MAT 031 of 2007 (Lt. Governor & Others vs. Shri Rajarathnam) has settled the proposition of law that electricity is a basic amenity of living for which a person cannot be deprived. Provided of course he pays the legitimate cost and charges for supply of electricity. Petitioner further relied upon another Division Bench Judgement of this Court passed in MAT No.029/2009 (Smt. Mahamaya Biswas Vs. The Lt. Governor & others) which has also reiterated the settled proposition of law that the authority has to assess only whether the applicant is in occupation of the premises where the supply is sought and the licensee has no authority to adjudicate upon the title of the applicant to the land in question.
The respondents are not responded to the said application submitted by the petitioner and have directed the petitioner to get order from the court for the purpose of getting electric connection 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.
Mr. Rakesh Kumar, 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 under alleged occupation of the petitioner.
WPA 372/2022 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.)