Shri.P.Krishna Murthy v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/320/2025 Shri P. Krishna Murthy Vs The Superintending Engineer and Another Mr. K. Vijay Kumar ... for the petitioner Mr. S. C. Mishra ... for the respondents September 08, 2025 [AKB] Item No.9 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. 260 measuring an area of 160 Sq.mtrs. at Lamba Line village under Sri Vijaya Puram Tehsil, District South Andaman.

It is the case of the petitioner that he has been in occupation of the said Government Revenue land as an encroacher after 1978 but prior to 1993. The petitioner submitted an application dated 12.06.2025 seeking electricity connections.

A report has been filed on behalf of the respondents. It is stated therein that the petitioner's application for electricity connection is presently under process. It is further pointed out that, vide letter dated 17.06.2025, confirmation was sought from the Tehsildar, Sri Vijaya Puram with regard to the settled possession of the petitioner. The Tehsildar, however, by communication dated 20.06.2025, stated that the Revenue

Department strongly objected to the alleged encroachment upon Government land and, consequently, to the grant of electricity connection to such encroachers. It was also mentioned in the said communication that the Electricity Department would be held solely responsible in the event such connections are granted. Subsequently, an inspection was conducted by the respondent on 11.07.2025, wherein it was observed that the petitioner had not completed the construction of his house and that the internal wiring as well as earthing work remained incomplete.

The petitioner had filed objections to the said report and has annexed photographs to demonstrate that the construction of his dwelling unit has been completed and that the wiring and earthing works have been duly carried out.

At the time of hearing, learned Counsel for the respondent submitted that the present writ petition is not maintainable, as the petitioner has suppressed material facts at the time of its filing. On this ground alone, it is contended, the writ petition is liable to be dismissed. Learned Counsel for the respondent further submitted that the premises in question does not constitute a dwelling unit.

This Court has heard the argument advanced by the Counsel for the parties and carefully perused the materials on record.

As per the report submitted by the respondents, the petitioner's application for electricity connection is still under process. The two objections raised by the respondents, lack of

cooperation from the concerned Tehsildar in confirming that the petitioner is in settled possession and second alleged incompleteness of construction and wiring and earthing as per inspection dated 11.07.2025.

The issue whether a no objection certificate as envisaged under Clause 5.30 of the JERC Regulation, 2018, is a mandatory pre-condition for grant of electricity connection or not is no longer res integra. A Coordinate Bench of this Court in WPA 216 of 2025 by order dated 11.07.2025 held as follow: "It is the specific case of the petitioner is that the petitioner has encroached government revenue land and had constructed a house wherein the petitioner required electricity connection. Clause 5.30 requires the documents which the petitioner will not be able to produce the same as he is the encroacher of the government revenue land. The Full Bench of this Court in the case of Abhimanyu Mazumdar vs. The Superintending Engineer and another has categorically held the illegal occupier is also entitled to get electricity connection.

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." In view of the above settled possession, the objection regarding the non compliance of Clause 5.30 of the JERC Regulation, 2018 cannot be sustained. Hence a no objection certificate from the concerned Revenue Department is not required.

The petitioner has placed on record his Election Card, which reflects his address as Ward No. 9, Near Ram Temple, Lamba Line, Junglighat, Sri Vijaya Puram Tehsil, South Andaman. Since the said Election Card has been issued by a Government authority duly recognizing his residence, it establishes that the petitioner is in settled possession of the premises.

Accordingly, the respondents are directed to conduct a fresh inspection of the petitioner's premises and, if found eligible for electricity supply, to process and grant an electricity connection within four weeks from the date of receipt of this order, subject to the petitioner's compliance with all other requisite formalities prescribed under law.

It is further clarified that, in view of the Election Card, the petitioner's settled possession stands duly established, and no further clarification from the Revenue Department shall be required.

With the above directions, the present writ petition is disposed of.

(Gaurang Kanth, J.)