Entitlement to electricity connection under Section 43 of the Electricity Act, 2003 is based on 'settled possession' rather than 'lawful occupation'.

JUDGMENT

Sabyasachi Bhattacharyya, J. - The writ petitioner is in occupation of a flat at Premises No.33, Rabindra Sarani, Word No.4, Ranaghat (M) and is also the promoter of the said building. The petitioner deposited quotation fee for installing new transformer before the concerned authorities. The representation along with a No Objection, issued by the Chairman, Board of administrator, Ranaghat Municipality on February 1, 2021, was also submitted by the petitioner for having an electricity transformer installed in front of the said building.

2. However, despite the required formalities having been complied with the petitioner, it is alleged that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) has not installed such transformer or provided electricity connection as yet to the individual flat owners of the building.

3. Learned counsel appearing for the distribution licensee submits that due to resistance offered by private-respondent no. 7 such connection could not be given upon installing the required transformer, as per the petitioner's application.

4. Learned counsel appearing for the respondent no. 7, on the other hand, submits that the building-in-question is an illegal construction. The petitioner himself violated municipal laws in raising such construction, for which a Demolition Notice was also issued against the petitioner.

5. as such, it is argued that the petitioner is not entitled to get electricity connection to such unauthorised construction.

6. Learned counsel for the respondent no. 7 cites a Co-Ordinate Bench judgment of this court, rendered in Shanti Devi agarwal Vs. W.B.S.E.D.C.L. and others, reported at (2016) 5 CHN (Cal) 274, wherein a learned Single Judge of this Court held that a previous Special Bench judgment of this Court, delivered at Port Blair, being that of abhimanyu Mazumdar Vs. Superintending engineer, reported at (2011) 2 CHN (Cal) 768 (also in aIR 2011 Cal 64), did not, for a moment, deal with the state and condition of a premises before it could be granted electricity connection.

7. The learned Single Judge elaborated the attributes of 'settled possession' and posed the question that, if a building is not allowed to be occupied or when the law prohibits water connection to be granted to it for lack of an occupancy certificate, can an occupier of that building or part of it claim electricity supply? abhimanyu Mazumdar's case (supra) was distinguished on the interpretation of 'settled possession', which was a pre-supposition, according to the learned Single Judge, of Section 43(1) of the Electricity act, 2003 (hereinafter referred to as 'the 2003 act'). Ultimately, the co-ordinate bench held, in paragraph no.31 of its judgment, that, on the existing facts, no electricity connection could have been given to the second and third floors. Learned counsel for the private respondent submits that, in the present case as well, no occupancy certificate has been issued in respect of the building for which electricity connection has been sought.

8. Upon hearing learned counsel for the parties, it transpires that the petitioner is not only the promoter but the owner of some of the flats in the building-in-question. Secondly, the application of the petitioner for giving individual electric connections to each of the flat owners from a transformer, to be installed near the premises, would obviously benefit not only the petitioner but all the flat owners, who had been handed over possession on the basis of legally valid agreements. The legality of such agreements has not been challenged before any court of law.

9. In such a scenario, we have to interpret Section 43 of the 2003 act in the context of the cited judgment.

10. Section 43 of the 2003 act clearly provides that every distribution licensee shall, on an application by the owner or 'occupier' of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply.

11. It may be