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 the connection. In cases involving the violation of fundamental rights, the High Court can entertain Writ Petitions under Article 226 of the Constitution of India.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court for denial of electricity connection by respondents to her, despite deposit of amount of charges and security, amounting to Rs.10,008/- vide receipt No. 10201033127, dated 6.7.2019, demanded by respondents after completion of necessary codal formalities, to the premises occupied by her on Khasra Nos. 1043 and 1044, situated in Village Shiliri (Mohal Mehli), Tehsil Shimla Rural, District Shimla, H.P.

2. Admittedly, petitioner is not recorded owner of the land whereupon her house is constructed. Her claim is that irrespective of ownership of land beneath her house, for fundamental right under Article 21 of Constitution of India, she is entitled for electricity connection.

3. Petitioner, for establishing her entitlement for electricity connection, has referred provisions of Electricity Act, 2003 and Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulation, 2004, (for short the “Electricity Act” and “HPERC”), wherein it is provided that applicant means the ‘owner or occupier of any premises’, who makes an application to the distribution licensee for supply of electricity. Petitioner has also relied upon judgment passed by Division Bench of this Court dated 22.10.2018 in CWP No. 2454 of 2018, titled as Madan Lal Vs. State of H.P. and others, wherein electricity and water connection was directed to be released to the applicant/petitioner therein, despite the fact that applicant/petitioner was encroacher, facing proceedings under Section 163 of H.P. Land Revenue Act for eviction.

4. Petition has been opposed by respondents on the ground that petitioner has alternative appropriate remedy for redressal of her grievance as jurisdiction to entertain such compliant is vested with the Himachal Pradesh Electricity Regulatory Commission (in short HPERC) under HPERC (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004, (in short HPE RC Regulations) framed under the Electricity Act, 2003 and on merits it is stated that petitioner has not been found to be owner of the land beneath the structure and, therefore, she is not entitled for electricity connection.

5. It is claimed by respondent that judgment in Madan Lal’s case supra (CWP No. 2454 of 2018) is not applicable in present case, as no issue of title is pending adjudication before any authority and it is ex facie clear that structure of petitioner is on Government land as per jamabandi.

6. It is further stand of respondents that Service Connection Order (SCO) was issued by the respondents as per Supply Code, 2009 (amended provision), but the moment, when the connection was to be released from the service main of the respondents, the neighbours of the petitioner resisted against laying of the service wire to the house of the petitioner and had filed representation before respondents that meter should not be installed with refusal to allow laying service wire through their private lands with further threat that respondents shall have to face consequences on releasing of electricity connection to the petitioner.

7. In Regulation 2 of HPERC Regulation, definition of applicant has been provided as under:-

“2. Definitions—In these regulations, unless the context otherwise requires,-

(a) … … …

(b) … … …

(c) “applicant” means the owner or occupier of any premises who makes an application for the distribution licensee for supply of electricity.”

8. Regulation 3 of HPERC Regulation explains the duty of licensee to supply on request. Relevant portion thereof reads as under:-

“3. Duty of licensee to supply on request –(1) On the receipt of an application from the owner of occupier of the premises, every distribution licensee shall, within the time frame specified hereunder, issue, by a registered post/speed post, a demand notice to the applicant, clearly indic