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SABYASACHI BHATTACHARYYA
Sujit Kumar Ghosh – Appellant
Versus
State Of West Bengal – Respondent
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-questio
The shift from 'lawful occupation' to 'occupier simpliciter' in the Electricity Act, 2003 establishes entitlement to electricity supply based on possession.
An occupier in lawful possession of premises is entitled to seek electricity connection under Section 43 of the Electricity Act, 2003, despite ongoing property ownership disputes.
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
An occupier is entitled to apply for an electricity connection under the Electricity Act, 2003 and HPERC Regulations, and the lack of ownership of the land does not preclude the occupier from seeking....
Electricity Connection - Duty of licensee to supply on request - It is duty of distribution licensee to provide connection to every eligible applicant by taking necessary steps for which respondents ....
Access to electricity should be construed as a human right, subject to the requirements of the Electricity laws, and denial of the same would amount to a violation of human rights.
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