P.Mohan Kumar v. The Superintending Engineer And ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/531/2023 P Mohan Kumar Vs.

The Superintending Engineer and others Mr. M P Kamaraj ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents April 20, 2023 (Bithika) Item No.13 Counsel for the petitioner is present and submits that the petitioner has made an application for grant of electric connection on 24.02.2023 but the same was rejected on 28.02.2023 on the ground that "Electric connection to encroachment land has been stopped. It is only be provided on the basis of issuing direction by the Hon'ble Court in respective Judgment in your favour for grant of electric connection."

This Court finds that the ground of rejection is not reasoned and from the said order of rejection, it reveals that the authority wants an order of Court for grant of electric connection. It is settled law that an illegal occupier is entitled to get electric connection and the authorities cannot compel the petitioner to obtain order from Court.

In view of above, the order of rejection dated 28.02.2023 is set aside.

The respondent No.3 is directed to provide electric connection in the premises of the petitioner standing on survey No. 2/2 an area of 180 Sq. meters situated at New Pahargaon under Port Blair Tehsil, South Andaman District within a period of four weeks from the date of receipt of the copy of this order.

It is made clear that the grant of electric connection will not create any title over the property.

WPA No. 531 of 2023 is disposed of.

( Krishna Rao, J.)