Bhaskar Bhattacharya J.

This reference has been made by a learned Single Judge of this Court to the Larger Bench after having disagreed with the view taken by two earlier Division Benches on the ground that those Division Benches, while deciding the matters, did not take into consideration the effect of the Rules framed under the Indian Electricity Act, 2003. The following two questions have been referred to the Larger Bench for decision:

“Point I: Whether unauthorized occupiers, encroachers of any premises and squatters of any premises are legally entitled to file an application under Section 43 of the Electricity Act, 2003 claiming status as ‘occupier’ and thereby may seek supply of electricity in the premises as constructed on encroaching the land; and, whether under the Works of Licensees Rules, 2006, the Distribution Licensee lawfully can provide electricity supply line in due discharge of their duties and what is meaning of word ‘occupier’ in said Act on reflection of Rule 2006?

Point II: Whether right to have ‘electricity’ under the ambit of Article 21 of the Constitution of India by including such right within the derived right ‘right to shelter’ under Article 21