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SABYASACHI BHATTACHARYYA
Rohit Cargo Movers – Appellant
Versus
CESC Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J
1. Vide order dated April 26, 2023, a prayer of the private respondent for holding an inspection through a Special Officer was refused.
2. The context of the prayer can be found in the crux of the dispute between the parties. The petitioner, claiming to be in settled possession of the disputed property, sought an electricity connection in its name. The licensee/CESC Limited does not have any objection to give the same, subject to compliance of all formalities by the petitioner. However, the private respondent no.5 objects on the ground that the said respondent is in exclusive possession of the property and, by way of taking an electricity connection, the petitioner is seeking to encroach upon the property.
3. It is contended by learned counsel for the private respondent no.5 that the petitioner has failed to show settled possession, which is the sine qua non for getting an electricity connection even within the contemplation of Section 43 of the Electricity Act, 2003 (for the sake of brevity, “the 2003 Act”).
4. Learned counsel places reliance on a three-Judge Bench decision of this Court in Abhimanyu Mazumdar Vs. The Superintending Engineer and an
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.
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 ....
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....
An occupier, irrespective of the legality of possession, is entitled to get electricity connection at the property.
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
It is clear that documents, which are referred to in the said clause, shall be considered as acceptable as proof of ownership or occupancy of the premises. The petitioner has produced the latest muni....
The shift from 'lawful occupation' to 'occupier simpliciter' in the Electricity Act, 2003 establishes entitlement to electricity supply based on possession.
Electricity cannot be denied based on ownership disputes; distribution licensees have a statutory duty to supply electricity upon valid application irrespective of ongoing eviction proceedings.
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