Calcutta High Court: In an application for setting aside an order passed by the Assistant Engineer-II (HQ), Electricity Department, wherein the petitioner was denied electricity connection in government revenue land, a Single Judge Bench of Krishna Rao, J., held that an illegal occupant of a government revenue land would also be entitled to an electricity connection despite absence of occupancy papers.
The petitioner had requested grant of electricity connection in government revenue land which had been rejected by the electricity department citing non-conformity with clause 5.30 of Joint Electricity Regulatory Commission Regulations, 2018 (‘Regulations’) read with Andaman and Nicobar Island Administration Circular dated 19-10-2023.
The electricity department contended that the petitioner had failed to disclose documents for proof of ownership or occupancy of premises as required under clause 5.30 of the Regulations. Per contra, the petitioner contended that the petitioner had encroached government revenue land and had constructed a house wherein the petitioner required electricity connection. The petitioner relied on the case of Abhimanyu Mazumdar v. The Superintending Engineer, 2011 SCC OnLine Cal 362, wherein the Court had held that an illegal occupier was also entitled to get electricity connection.
The Court noted that the petitioner was an illegal occupant of the government revenue land, and it would be impossible for him to attain documents of proof of ownership or occupancy as required under clause 5.30 of the Regulations. The Court further noted that the electricity department had notified the rule only to prevent the illegal occupier from applying for electricity connection.
The Court went on to hold that the petitioner, even though being an illegal occupier, was not required to produce the documents required under clause 5.30 of the Regulations. The Court thus set aside and quashed the order passed by the Assistant Engineer and directed the electricity department to provide electricity connection to the petitioner within four weeks.
[Krishnawathi v. Union of India, WPA No. 216 of 2025, decided on 11-7-2025]
Advocates who appeared in this case:
For the Petitioner: Manas Ajai Sonkar, Advocate
For the Respondents: S.C. Mishra, Advocate
