P.Tulsiamma v. The Superintending Engineerand ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/480/2023 Smt. P. Tulsiamma ... Petitioner Vs.
The Superintending Engineer and Ors.
... Respondents Mrs. S. Gloria Mary ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents March 16, 2023 [MAM] Item No.4 The Writ Petitioner claimed electricity supply at the subject immovable property mentioned at Annexure P-1 at Page 13 to the writ petition. Attention of this Court was also drawn to documents at Page 19 and 20 to this writ petition. Mr. Tulsi Lall, learned Counsel appearing for the respondents electricity departments submitted that, there was no endorsement appearing on the said documents neither the petitioner applied through the online process, which is the established mode for applying for electricity connection. Learned Counsel for the respondents electricity department submitted that, the online portal is still available and open through which the petitioner is required to apply.
Mr. R. Pradeep, learned counsel appearing for the petitioner submitted that from the location of the subject immovable property, where it is situated, it was not possible to avail of the online mode to apply. He further
submitted that the moment the petitioner shall apply even on online mode, the location of the subject immovable property would not be accepted as no online mode is available for the location where the immovable property is situated.
In response to the said submissions made on behalf of the petitioner, learned Counsel for the electricity department submitted that, the petitioner may visit at the office of the Assistant Engineer, Head Quarters at Port Blair for the necessary assistance and then the petitioner can make his online application addressing the Assistant Engineer with the prescribed format.
Considering the submissions made on behalf of the parties and upon perusal of the materials on record the petitioner shall be at liberty to visit the office and meet the concerned Assistant Engineer, Head Quarters at Port Blair to seek necessary assistance and then shall apply through online mode, as he will be advised.
The petitioner found to be an encroacher of the subject immovable property which belongs to the Union Territory of Andaman & Nicobar Islands. The petitioner is occupying the subject immovable property and he is in possession thereof.
Whether even a trespasser can enjoy the electricity connection, is now well settled by the Full Bench of the Calcutta High Court In the matter of: Abhimanyu
Mazumdar vs. Superintending Engineer reported at 2011(2) CHN (Cal) 768.
In Para 16 of the said Judgment, the Hon'ble Full Bench had observed as under:- "16. Since all the lands in these Islands belong to the Union of India, the latter is not required to file a civil suit for eviction of a trespasser and the trespassers can be evicted by taking recourse to the Regulation of 1966.
However, so long such a trespasser in settled possession is not so evicted, he should be entitled to get electricity with the aid of Section 43 of the Electricity Act on compliance of the terms of supply as provided under law. It is needless to mention that the enjoyment of such electricity will not confer any right or equity in favour of the trespasser in occupation to defeat the title of the lawful owner."
In view of the settled law as discussed above the writ petitioner is eligible to receive the electricity connection. Consequently, the respondents are directed to give electricity connection at the subject immovable property in terms of the description made in the said document Annexure P-1 at Page 13 to the Writ Petition, if the petitioner is found to be in settled possession and occupation of the subject immovable property subject to compliance of all the formalities under the Electricity Act, Rules and Regulations thereunder strictly in accordance with law.
It is made clear that the petitioner shall be entitled to the enjoyment of the electricity connection so long the petitioner is not dispossessed by the true owner i.e. the appropriate Government with due process of law and the
petitioner shall go on complying with all the statutory requirements for the same including the necessary payment.
In the event of any default in payment takes place on the part of the petitioner in respect of the said electricity connection the respondent authorities shall be at liberty to take steps in accordance with law.
It is further made clear that this order shall not create any right or equity in favour of the petitioner in claiming any right, title and interest over and in respect of the subject immovable property. These conditions shall also bind the transferee/assignee and/or successor/successors in interest of the petitioner.
The respondents shall immediately provide the electricity connection within a period of four weeks from the date of submission of application for connection on online mode as observed above upon compliance of all requisite statutory formalities by the petitioner.
On the above terms this Writ Petition being WPA 480 of 2023 stands disposed of without any order as to costs. (Aniruddha Roy, J.)