Smt. D. Satya Wathi v. The Superintending Engineer And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/717/2023 Smt. D. Satya Wathi ... Petitioner Vs.
The Superintending Engineer and Anr.
... Respondents Ms. G. Prema ...for the Petitioner Mr. Tulsi Lall ...for the Respondents June 22, 2023 (M.A.Mobin) Item No.20 This Writ application under Article 226 of the Constitution of India has been filed by the petitioner seeking direction upon the Respondent authorities to provide domestic electric connection in the house of the petitioner within premises comprised within Survey No.91 situated at Laxmanpur Village, Shaheed Dweep, Port Blair Tehsil, South Andaman District.
Admittedly, the petitioner is occupying a piece of Government Revenue Land within Survey No.91 measuring more or less 300 Sq. mtrs. situated at Laxmanpur Village, Shaheed Dweep, Port Blair Tehsil, South Andaman District. The petitioner applied for getting new electric meter connection for domestic house. However, in spite of such application the petitioner has not yet been installed with the electric connection, hence this Writ application.
The only question involved in the present Writ application is whether electricity connection can be given to a person in settled possession of Government land. Such question is no more res integra. The Full Bench of Calcutta High Court in Abhimanyu Mazumdar
Versus
Superintending Engineer reported in 2011(2) CHN (Cal) 768 in paragraph 16 has held as follows:- "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."
Bearing in mind the aforesaid observation of the Court in Abhimanyu Mazumdar(supra) the petitioner is entitled to get electricity connection.
Accordingly, the respondent authorities are directed to provide electricity connection in the dwelling house of the petitioner, if such petitioner is found to be in settled possession of the premises-in-question, subject to compliance of other formalities required under the Electricity Act, Rules and Regulations made thereunder, within a period of four weeks from the date of communication of this order.
It is made clear that the petitioner is entitled to enjoyment of electricity so long as the petitioner is not dispossessed by due process of law. Further the grant of electricity connection in the dwelling house of the petitioner will not create any equity in favour of the petitioner over the subject land to resist the rightful owner.
With the aforesaid observation the Writ application stands disposed of.
All connected applications if any, disposed of. Interim order, if any, vacated.
Since Affidavit-in-Opposition has not been filed, the averments made in the Writ application is deemed to be not admitted.
All parties to act on Server Copy of the order downloaded from the official website of this Hon'ble Court. Urgent Photostat certified copy of the order if applied for, be supplied to the parties upon compliance of all necessary formalities.
(Bivas Pattanayak, J.)