Saturday, 26 December 2020

Calcutta HC: A trespasser unless evicted by due process of law is entitled to electricity connection

 Assuming without admitting that the petitioner

does not have any right, title and interest in respect of

the said premises, the petitioner’s status then is that

of a trespasser. Even a trespasser, unless evicted by

due process of law, is entitled to electricity. Electricity

connection, if granted to the petitioner, will not also

create any right in her favour.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

Appellate Side

W.P.A.No.10534 of 2020

Sukla Kar -vs-  The Calcutta Electric Supply Corporation Ltd. & Ors.

Dated: 24-12-2020

The petitioner had applied for a new service

connection at premises No.P-45, Kanungo Park, Garia

P.S. Patuli, Calcutta – 700 084 (hereinafter referred to

as the said premises). The petitioner says that her

application was rejected by CESC Limited, the licensee,

by a letter dated August 26, 2020 (appearing at page

50). Petitioner wants a new connection.

On behalf of CESC, it is submitted that there is

already an existing service main at the said premises.

No new service main can be provided at the said

premises. The petitioner can be provided with a new

meter and a new connection through the same from

the existing main service. CESC is ready and willing to

install a new meter and give the new connection to the

petitioner from the existing main, provided the

petitioner makes a fresh application for a new meter

and a new connection, since the petitioner’s previous

application has already been rejected. The new

connection is also subject to the petitioner bearing all

costs and expenses for the new meter and the new

connection.

On behalf of respondents no.5-11, it is

submitted that the petitioner has no right in respect of

the premises in question. She has been permitted to

stay thereat by her brothers and sisters being the

private respondents. The private respondents also say

that the petitioner has been enjoying the electricity

from an existing meter under an arrangement between

the petitioner and the private respondents. The

petitioner has not paid the bills for the said meter and

as such the same has been disconnected. The private

respondents however admit that the petitioner is in

occupation of a portion of the said premises.

These disputes regarding the right of

ownership, title and interest in respect of the premises

between the petitioner and the private respondents

cannot stand in the way, if the petitioner getting the

new meter in her name, particularly when the

possession of the petitioner is admitted.

Assuming without admitting that the petitioner

does not have any right, title and interest in respect of

the said premises, the petitioner’s status then is that

of a trespasser. Even a trespasser, unless evicted by

due process of law, is entitled to electricity. Electricity

connection, if granted to the petitioner, will not also

create any right in her favour.

In these facts and circumstances, I direct the

petitioner to make a new application for a meter and a

new connection at the said premises within seven days

from date. Within 72 hours from the date of the

application if made, the officials of CESC shall inspect

the existing service main and the meter board position

for installing a new meter in the name of the petitioner.

Within 3 days from the date of inspection, CESC shall

raise the quotation. On payment of the sum

mentioned in the quotation and compliance of other

statutory requirement, CESC shall within 3 days

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therefrom install a new meter and grant the petitioner

a new connection.

It is made clear that I have not gone into any

dispute inter se between the petitioner and the private

respondents. The installation of the new meter at the

common meter board or a new connection to the

petitioner at the said premises will not create any new

right or abridge or extinguish any existing right of the

petitioner in respect of the said premises.

It is expected that the private respondents shall

render all cooperation to the officials of CESC at the

time of inspection as also at the time of installing the

new meter and granting the connection to the

petitioner.

The respondent no.4 (officer in charge of Patuli

police station) is directed to see that no breach of

peace takes place at the said premises or in the

precincts thereof at the time of inspection by CESC

Ltd. or at the time of installation of the meter and

effecting new connection to the petitioner.

Nothing remains further to be adjudicated in

the writ petition and the same is accordingly disposed

of without any order as to costs.

Since I have not called for any affidavits, the

allegations contained in the writ petition are deemed to

have not been admitted by the respondents.

Certified photostat copy of this order, if applied

for, shall be given to the parties.

[Arindam Mukherjee, J]

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