Smt. Gita Das Vs. C.E.S.C. Ltd. and Others - Court Judgment

Excerpt:
electricity act, 2003 - section 43 - joymalya bagchi, j.: the writ petitioner has filed the instant petition being aggrieved by the failure and neglect on the part of the respondent no. 1 electric company to provide electric connection to her premises. the case of the petitioner is that the petitioner’s husband purchased the premises in question namely, 4b, chunapukur lane, police station muchipara, kolkata – 700 012 by a registered deed of conveyance on  20.05.2006 and the petitioner is occupying the said premises. the respondent no. 4 claims himself to be a tenant in the said premises under a different landlord. due to the obstruction of respondent no. 4 the petitioner inspite of compliance of all necessary statutory formalities and payment of charges was not provided with new electric connection at the said premises. mr. ghosal appearing for the petitioner submitted that the petitioner has a right to get new electric connection in view of section 43 of the electricity act, 2003 and submitted that respondent no. 4 had no authority to obstruct such supply of electricity. mr. de appearing for the respondent no. 1 electric company stated that the supply could not be given due to the obstruction by respondent no. 4. mr. thakurata appearing for respondent no. 4 disputed the right and title of the petitioner in the said premises. he submitted that the petitioner is not the owner of the said property. i have considered the submissions of the parties. it is settled law that the respondent no. 1 electric company has a statutory duty to supply electricity to any one who is in occupation of a premises within its area of supply. such supply cannot be obstructed by any individual even on the ground that he disputes the right, title or interest of the said person in the premises in question. it is not the duty of the electric company to decide on the legality of the possession of a person seeking electric connection to a premises. the said issue fell for decision before a special bench of this court in the case of abhimanyu mazumdar vs. superintending engineer reported in 2011 (2) chn 768. in the said case the hon’ble special bench, inter alia, held that even a trespasser in settled position was entitled to supply of electricity under the provisions of the electricity act, 2003. in view of the ratio of the aforesaid case, i am constrained to hold that the petitioner is entitled to get new electric connection at her premises notwithstanding any objection held out by respondent no. 4 in that regard. i, therefore, dispose of the instant writ petition directing the respondent no. 1 electric company to provide new connection to the petitioner at the aforesaid premises, namely, 4b, chunapukur lane, police station muchipara, kolkata – 700 012 positively within a month from date of communication of this order. the respondent no. 3 is directed to render all necessary assistance to the respondent no. 1 electric company for effecting such supply. with the aforesaid directions, the instant writ petition is disposed of. there shall be no order as to costs. urgent certified photostat copy of this order be given to the parties, if applied for, subject to compliance with all necessary formalities.