K.Muthuraman v. The Superintending Engineer And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/723/2023 K. Muthuraman Vs The Superintending Engineer and others Ms. C. Kala Devi ... for the petitioner Mr. Tulsi Lall .... for the respondents June 23, 2023 [SR] Item No.12 Heard learned counsel for the parties.
The petitioner is admittedly encroacher of government land belonging to the Union Territory of Andaman and Nicobar Islands. The petitioner is occupying the land by constructing petty shop on the land in question.
The grievance of the petitioner is that though the petitioner is in occupation of land as settler and dwelling on the alleged land by constructing petty shop, the petitioner is not provided with electricity connection to facilitate ease of living. The contention of the respondents is that as the petitioner is not title holder of the land, no electricity connection can be given to the petitioner.
Whether electricity connection can be given to a trespasser in settled possession of any species of government land is a question, which is no more res integra. The Full Bench of Calcutta High Court in the case of Abhimanyu Mazumdar vs. Superintending Engineer 2011(2) CHN (Cal) 768 in similar matters pertaining to trespassers in settled possession of
government land within the territory of Andaman and Nicobar Islands has already answered the question in affirmative. In paragraph 16 of the judgment, the Hon'ble Full Bench has held thus :- "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 aforesaid ruling, the present writ petition is to be disposed of in the light of the order passed in the case of Abhimanyu Mazumdar (supra) and the writ petitioner is entitled to the benefit extended to the petitioner in the aforesaid case of Abhimanyu Mazumdar.
Accordingly, the respondents are directed to give electricity connection to the petty shop 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. Needless to mention here that the petitioner is entitled to the enjoyment of the electricity so long the petitioner is not dispossessed by the true owner i.e. the Appropriate Government by due process of law, and the petitioner cannot claim any right either in equity or under law for conferment of title over the land, the petitioner is in settled possession of, on the ground that electricity supply has been given to the petty shop of the petitioner.
These conditions shall also bind the
transferee/assignee and/or successor(s) in interest of the petitioner.
The electricity connection be provided to the petitioner, as per the application already filed (which is part of the writ petition) on compliance of requisite formalities, within a period of four weeks from the date of receipt of the copy of this order either through Court or through any other agency including the petitioner.
Accordingly, the writ petition, being WPA/723/2023 is disposed of.
Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the respective parties upon compliance of usual formalities.
( Rajarshi Bharadwaj, J.)