Ranjeet Kumar v. The Assistant Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/685/2024 Ranjeet Kumar Vs The Assistant Engineer Mr. K.Sabir ... for the petitioner Mr. S.C.Mishra ... for the respondents January 8, 2025 [SR] Item no. 6 1.

The petitioner is claiming electricity supply to the premises occupied by him.

2.

It is submitted that the respondents are required to comply with the legal and statutory obligation for supplying electricity to the petitioner in the premises occupied by him, even if he is not an owner of the premises, subject only to such statutory terms and conditions as may be lawfully enforced by way of rules or regulations issued in this regard by the competent authority.

3.

Learned counsel for the respondent department submits that if the petitioner would comply with conditions of the Supply Code 2018 applicable to his request then surely the application for supply of electricity would be considered favourable to the petitioner.

4.

Learned counsel for the respondent has placed before this court the electricity Supply Code Regulations, 2018 issued in exercise of the statutory powers conferred under Section 181 read with Section 50 of the Electricity Act, 2013, by the Joint Electricity Regulatory Commission for the State of Goa and

Union Territories (UTs). Specific reliance has been placed on Clause 5.30, (7) and (8) of the Supply Code, 2018. This court finds that Clause 5.30 of the Supply Code, 2018 is specifying the documents to be considered as acceptable proof of ownership or occupancy of the premises in which the electricity connection is sought. Since the petitioner herein is not claiming to be owner of premises on which he seeks electricity supply and since he is claim to be an occupier of the premises, this court find that Clause 5.30, (7) and (8) are required to be considered and are thus being quoted herein:- " 5.30 Any of the following documents shall be considered as acceptable proof of ownership or occupancy of premises : ... ...

(7) An applicant who is not an owner but an occupier of the premises shall, along with any one of the documents listed at 91) to (6) above, also furnish a No Objection Certificate from owner of the premises;

Provided that where an applicant, who is lawful occupier of the premises, is a tenant or a leaseholder and is unable to produce the No Objection Certificate from owner for obtaining a connection, a separate Indemnity Bond shall be executed in favour of the Distribution Licensee in the form prescribed by the Distribution Licensee.

(8) For bonafide consumers residing in JJ clusters or in other areas with no specific municipal address, the Licensee may accept either ration card or electoral identity card mandatorily having the same address as a proof of occupancy of the premises only for the purpose of releasing electricity connection and not for any other purpose. Provided further the electricity bill shall be only for electricity supply to the premises occupied by the consumer and shall not be treated as having rights or title over the premises. ... ... "

5.

At this juncture, the learned counsel for the petitioner submits that the petitioner would ensure compliance with

requisites in terms of Clause 5.30, (7) and (8) of the Supply Code, 2018.

6.

Considering the rival submissions, since the parties are ad idem on the issue that the compliance with 5.30 (7)(8) is mandatory and pre-requisite for supply of electricity, this Court disposes of the writ petition with liberty to the petitioner to comply with the requirement applicable to the petitioner under clause 5.30 of the Supply Code, 2018. If the petitioner submits the requisite proof of occupancy/identity, the indemnity having already been submitted, the authority should consider the application and take a final decision expeditiously within four weeks thereafter.

7.

The writ petition stands disposed of.

(Madhuresh Prasad, J. )