Smti.Budhni v. The Superintendent Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/605/2025 Smt. Budhni Vs The Superintending Engineer and another Mr. U. Partha Sarathi ... for the petitioner Mr. S.C.Mishra ... for the respondents December 17, 2025 [AKB] Item No.7 1.

The writ application has been preferred praying for direction to set aside the letter dated 08.07.2025 issued by the Respondent No.2 to Tehsildar Sri Vijaya Puram Tehsil and directing the respondent authorities to provide domestic electric connection to the above said House premises of the petitioner standing on Survey No. 161, measuring an area of 0.71 Hectrs., situated at Neil Kendra, Shaheed Dweep, under Sri Vijaya Puram Tehsil, South Andaman District within a time frame. Vide letter under challenge dated 08.07.2025 the authority concerned being Assistant Engineer (SH/SW) directed as follows:

"As per the direction of Hon'ble High Court WPA/232/2025, dated 12/06/2025 directed to consider and dispose of the application of the petitioner dated 03.09.2024 for grant of electricity connection in her dwelling house within a period of four weeks from the date of communication of this order. The electric connection will be released only on receipt of the settled possession report of the applicants from the revenue authority as per letter reference Assistant Secretary (Power) circular No.4-3/21/2015 at Sl.No. (d) (ii)of the Circular under reference."

2.

In course hearing the respondents-electricity department has filed a point wise reply to the writ application wherein it has been stated as follows:-

"1. The inspection of the house of Smti.Bundini R/o, Neil Kendra, Bharatpur, Shaheed Dweep is conducted by the Junior Engineer, Electricity Department and found that Smti, Bundini, has constructed a house on and encroached land at Shaheed Dweep, Bharatpur and found that the work requested by the petitioner is not feasible because of following reasons.

2. It was observed that the electrical wiring is incomplete, with wires/joints not properly covered and wiring carried out in a manner dangerous to human life. Further, although earthing was provided by the applicant, the measured earth resistance exceeded 10 Ohms. As per IS 3043:2018, the preferred earth resistance for domestic consumers should be less than 5 Ohms. Therefore, providing an electrical connection under these unsafe and noncompliant conditions was not feasible.

3. A tin shed and Bamboo Baali made temporary house is found constructed on the above said encroached land by the petitioner and for which she is asking for electric connection Since it is a that tine shed and Bamboo Baali made and not recommended for electric power supply connection viewing the human life safety.

4. *** *** *** *** ***

5. An application was subsequently received from the applicant on 26/06/2025. The same was forwarded to the Revenue Authorities vide letter No.

EL/AE/SH-SW/1-45(B)/2025/446 dated 08/07/2025 (copy enclosed) to ascertain the status of settled possession. However, no reply has been received from the Tehsil Office till date."

3.

The respondent authorities have further relied upon Section 15 of Chapter 3 of Central Electricity Authority Notification dated 08.06.2023, wherein it provides that the authorities concerned shall ensure that the premises of the consumers is not in unsafe condition and proceed accordingly. 4.

The petitioner herein relies upon an order passed on the Coordinate Bench of this Court in WPA/407/2025 dated 03/09/2025, wherein the Court held as follows: "It is clarified that in view of the law laid down by the Hon'ble Full Bench of this Court in Abhimanyu Mazumdar v. Superintending Engineer, 2011 SCC OnLine Cal 362, and followed by Co-ordinate Bench this Court in Sushil Lakra v.

Superintending Engineer (WPA 215/2024), decided on 19.06.2024), M.S.Rajendran v. Superintending Engineer (WPA 357/2024, decided on 06.09.2024), and Krishnawathi v. Union of India (WPA 216.2025, decided on 11.07.2025), no objection certificate/clarification from the concerned revenue authority is not required to establish settled possession of the petitioner over the land in question.

The respondent/Electricity Department shall accept government- issued documents such as ration card, electoral identity card, Aadhaar card, or any other similar document bearing the address of the premises as sufficient proof of occupancy for the limited purpose of establishing settled possession in connection with the grant of electricity connection."

5.

Accordingly on hearing the learned counsels for the parties and on perusal of the materials on record it is directed that the respondent authorities shall process and decide the petitioner's application for the grant of electricity connection within 15 days from the date of this order, after affording an opportunity of personal hearing to the petitioner and/or any other stakeholder, by passing a reasoned and speaking order. 6.

It is clarified that in view of the law laid down by the Hon'ble Full Bench of this Court in Abhimanyu Mazumdar v. Superintending Engineer, 2011 SCC OnLine Cal 362, and followed by a Co-ordinate Bench of this Court in Sushil Lakra v. Superintending Engineer (WPA 215/2024), decided on 19.06.2024), M.S.Rajendran v. Superintending Engineer (WPA 357/2024, decided on 06.09.2024), and Krishnawathi v. Union of India (WPA 216.2025, decided on 11.07.2025), no objection certificate/clarification from the concerned revenue authority is not required to establish settled possession of the petitioner over the land in question. 7.

The respondent/Electricity Department shall accept government- issued documents such as ration card, electoral identity card, Aadhaar card, or any other similar document bearing the address of the premises as sufficient proof of occupancy for the limited purpose of establishing settled possession in connection with the grant electricity connection.

8.

It is further clarified that such documents shall be considered only for the limited purpose of grant of electricity

connection and shall not be construed as proof of ownership or title over the land in question and the petitioner shall comply with all mandatory requirements as provided under the Act.

9.

The writ petition is accordingly disposed of along with all connected application, if any.

10.

Since no affidavits have been called for, the allegations contained in the writ petition are deemed to be not admitted. 11.

Parties to act on the server copy of this order downloaded from the official website of this Court.

[Shampa Dutt (Paul), J.]