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2014 Supreme(Megh) 76
MEGHALAYA HIGH COURT
T. Nandakumar Singh, J.
Buhaimon Thangkhiew (Smti.) - Appellant
Versus
Meghalaya Energy Corporation Ltd. & others - Respondent
WP (C) No. 21 of 2013
Decided On : 06-05-2014
For the Petitioner:H.S. Thangkhiew, Sr. Advocate.
For the Respondent:H. Kharmih, Advocate.
The central legal point established is the requirement to determine the legality of occupiers before providing electricity, as per Section 43 of the Electricity Act, 2003.
Headnote:
Electricity Act - Land Dispute - Section 43 of the Electricity Act, 2003 - The court directed the respondent to determine whether the occupiers of the petitioner's land applied for electricity are lawful occupiers or not, and to refrain from providing electricity until this determination is made.
Fact of the Case:
The petitioner, owner of a plot of land, filed a complaint against encroachers illegally taking electricity from the land. The petitioner argued that illegal occupants should not be considered as 'occupiers' under Section 43 of the Electricity Act, 2003.
Finding of the Court:
The court directed the respondent to determine the legality of the occupiers applying for electricity and to refrain from providing electricity until this determination is made.
Issues: Dispute over illegal electricity connection and the interpretation of 'occupiers' under Section 43 of the Electricity Act, 2003.
Ratio Decidendi: The court emphasized the need to establish the legality of the occupiers before providing electricity, as per Section 43 of the Electricity Act, 2003.
Final Decision: The petition was allowed, and the respondent was directed to determine the legality of the occupiers applying for electricity and to refrain from providing electricity until this determination is made.
1. Heard Mr. H.S. Thangkhiew, learned Senior counsel assisted by Mr. N. Mozika, learned counsel appearing for the petitioner and Mr. H. Kharmih, learned counsel appearing for the respondents.
2. Factual matrix:--
The petitioner is the owner in possession of the plot of land at Mawlai Umjajew and the said plot of land belongs to (Late) Emli Thngkhiew and after her death, the petitioner, by virtue of being the Khadduh (youngest daughter), has inherited the said plot of land as per the Khasi customary law. The said plot of land is bounded as follows:
East : Shillong-Guwahati Road and forest land of Kharkongor clan
West : Umiam Lake
North : Government Forest
South : Private land of Mylliem Umlong
The family of the petitioner as early as 1930 had set up an alcohol distillery in the name and style of “Umjajew Distillery” in the said plot of land. The workers and employees of the said distillery were provided residential accommodation in the said distillery complex i.e. within the said plot of land and the distillery was discontinued since 1990. The Excise Office, which was opened in the said plot of land also vacated the said plot of land after the closure of the distillery. The Deputy Commissioner, East Khasi Hills District, Shillong under the letter dated 25.11.2005 forwarded the land certificate issued by the Syiem of Mylliem vide letter dated 29.07.2005 regarding the handing over of the vacant Excise Head Quarter at Mawlai Umjajew. For easy reference, the said letter dated 25.11.2005 (Annexure - 2 to writ petition) is quoted hereunder:
“GOVERNMENT OF MEGHALAYA
OFFICE OF THE DEPUTY COMMISSIONER
(EXCISE) EAST KHASI HILLS
SHILLONG
No. K/Ex/42/92/62, Dated Shillong, the 25th November, 2005
To,
The Commissioner of Excise Meghalaya, Shillong.
Subject : Handing over of the possession of vacant Excise Quarter at Umjajew.
Ref:- (1) No. MEG/EE.29/2001/26 dated 10.6.2005.
(2) Memo No. K/Ex/42/92/60-A dated 24.6.2005.
Sir,
With reference to the subject stated above and letters under reference, I have the honour to forward herewith the copies of the letter submitted by Shri. H.S. Thangkhiew along with land Certificate issued by the Syiem of Mylliem dated 29.7.05, which is self explanatory, regarding the Handing over of vacant Excise quarter at Umjajew. The same is recommended for handing over after fulfillment of formalities.
Yours faithfully,
(D.P. WAHLANG) IAS
Deputy Commissioner
East Khasi Hills District
Shillong.”
3. In the year 2008, it is stated that the some encroachers, who are occupying a portion of the said plot of land forcibly started taking illegal electricity from the existing pole which was installed to supply electricity to the erstwhile distillery on the said plot of land and accordingly, the petitioner made a complaint dated 10.03.2008 to the Assistant Engineer (Revenue) MeSEB Revenue Division-2, Shillong for taking necessary action against the illegal connection by causing inspection of the said plot of land of the petitioner. The said complaint was also followed by many complaints. Thereafter, on the basis of the said complaint against illegal connection of the electricity by the alleged encroachers of the petitioner’s said plot of land had been disconnected. Only in the month of February, 2011, the petitioner had learnt that the encroachers of the petitioner’s said plot of land started getting electricity connection. Again, the petitioner made a complaint dated 02.11.2011 to the Chief Executive Officer, Shillong Circle, M.E.C.L. (Me.S.E.B.), Lum Jingshai, Shillong for immediately stopping the supply of electricity to the said unauthorised encroachers of the petitioner’s said plot of land. Only on 03.11.2011, the petitioner was furnished a copy of the letter issued by the Chief Executive Officer, Shillong Distribution Circle, MeECL, Shillong dated 03.11.2011 to the Additional Chief Engineer (EZ), MeECL, Shillong that “as per the legal cell views v
