Bidhan Ch.Podder v. The Superintending Engineer And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/567/2023 Shri Bidhan Ch. Podder ... Petitioner Vs.
The Superintending Engineer and Anr.
... Respondents Ms. G. Mini ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents March 24, 2023 [MAM] Item No.10 The petitioner as an occupier of the subject immovable property demanded the electricity connection. From the document being Annexure P-1 at Page 10 to the Writ Petition it appears that the petitioner who applied for the electricity connection is an encroacher of a Government land belonging to the Union Territory of Andaman & Nicobar Islands.
It was contended on behalf of the Electricity Department that the petitioner not being the title holder of the land was not eligible to receive electricity connection thereat.
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 10 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 communication of this order upon compliance of all requisite statutory formalities by the petitioner. On the above terms this Writ Petition being WPA 567 of 2023 stands disposed of without any order as to costs. (Aniruddha Roy, J.)