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BIBEK CHAUDHURI
Madhab Das – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The petitioner is aggrieved by perceived inaction on the part of the WBSEDCL in providing electric connection to the premises under occupation of the petitioner. It is submitted on behalf of the petitioner that he made an application before the respondent No. 4 for granting electric connection to his premises on 20th May, 2022 for installation of new electric connection (domestic) in his name at this residential house situated at Bamanpara within P.S. Kotwali, District-Jalpaiguri. Subsequently, the respondent raised bills for security deposit and service charges for new connection which was duly paid by the petitioner. In spite of receipt of the charges the petitioner was not provided with electric connection.
2. Learned advocate for the WBSEDCL, on the other hand, submits that after the application for new electric connection having been filed by the petitioner, one Sanjay Dey submitted a written objection stating, inter alia, that the petitioner has been staying in a disputed property and challenging the ownership of the property a civil suit is pending before the competent Court.
3. The learned advocate for the petitioner at this stage submits that
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
The occupier of premises is entitled to electricity connection under Section 43 of the Electricity Act, 2003, and ongoing legal proceedings cannot be a ground for denial of the connection.
Tenants have a right to electricity connection, but this right is contingent upon being recognized as authorized occupiers, which is not the case when facing eviction.
Settled possession grants entitlement to services despite ongoing title disputes, with ownership determinations reserved for civil courts.
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.
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....
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