The statutory right to electricity supply includes an obligation on the distribution licensee to provide service upon application and fulfillment of formalities by the applicant.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. B. Nath, the learned counsel appearing on behalf of the petitioners and Mr. B. Choudhury, the learned counsel who appears on behalf of the APDCL.

2. The petitioners herein are engaged in the business of Real Estate Construction of flats, public apartments, commercial development and other allied business etc. The petitioners constructed a multi-storied building on a plot of land admeasuring 1 katha 10 lechas covered by Dag No.1661 (new), K.P. Patta No.469 (new) of village Gotanagar under Mouza- Jalukbari under Guwahati Revenue Circle in the district of Kamrup (M), Assam. The petitioners constructed the said building by entering into a Development Agreement with one Sri Sunil Chandra Baishya, who was the owner of the said plot of land. At the time of raising construction of the said building, a temporary electricity connection was taken for the purpose of the said building from the respondent APDCL Authority in the name of the landowner, Sri Sunil Chandra Baishya. Pursuant to the construction so made, the petitioner No.1 applied for a high tension service connection with a connected load of 74 KW.

3. The APDCL Authorities had informed the petitioner No.1 that there would be a requirement of a construction of a 11 KV line along with installation of 11/0.433KV, 1 X 100KVA Transformer Sub-Station to feed load to the tune of 74 KW and in that regard, provided an estimate of Rs.12,28,814.18p. Pursuant to such estimate being provided, the petitioner No.1 submitted two communications to the Sub-Divisional Engineer, Jalukbari Electrical Sub-Division who is the respondent No.3. In the first communication, the petitioner No.1 took the responsibility of supplying the 11/0.433KV,1 X 100KVA Transformer along with requisite materials for construction of the 11KV line and 1 X 100 KVA Transformer at the premises. By the second communication, the petitioners undertook to provide the right of way for construction of the said 11/0.433KV, 1 X 100KVA Transformer Sub-Station along with the service line. However, alleging that there has been a delay on the part of the Respondent Authorities in providing the high tension connection, the petitioners have approached this Court by filing the present writ petition.

4. The writ petition was taken up by this Court on 27.06.2025 when Mr. B. Choudhury, the learned Standing Counsel of the APDCL submitted that the petitioners though had submitted the undertaking that they would be providing the Transformer as well as the right to way for construction of the 11 KV service line, but the petitioners did not live up to their undertaking. He further submitted that there were certain local persons who are objecting and preventing the workers of the APDCL from erecting the necessary poles for the said 11 KV line and as the petitioners have failed to provide the right of way, the APDCL Authorities are not in a position to provide the high tension connection. On the basis of the said submission, the matter was directed to be listed before this Court on 22.07.2025.

5. On 22.07.2025, the learned counsel appearing on behalf of the petitioners submitted that the petitioner No.1 would provide the Transformer as well as the space within the premises wherein the building is constructed for mounting of the Transformer and in respect to the objection raised by the APDCL Authorities as regards the right of way, the learned counsel for the petitioners placed before this Court the judgment of the Supreme Court in the case of Chandu Khamaru vs. Nayan Malik and Others reported in (2011) 12 SCC 314 . This matter upon being heard and t