Bombay HC: Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction

 We accept both these as being sufficient. It is our understanding that these statements disclaimers or clarifications are not newly introduced restrictions or conditions. They only make explicit that which was already a part of the law on the subject for the mere application for an electricity connection made to a distribution licensee or the issuance of a bill for power consumption by the distribution licensee has nothing at all to do with planning permissions for the construction and erection of a structure. An electricity connection application and a bill cannot be used to prove ownership because that is not even the demand of the distribution licensee. All that the licensee requires to know is the address to which power is to be supplied and in whose name it is to be billed. It is impossible to expect a distribution licensee to act beyond the remit of the statute to assess questions of title to the property in question let alone assess questions of whether the structure or structures or apartments or units do or do not have the requisite planning permissions. Notably, even under the planning statute, namely the Maharashtra Regional and Town Planning Act, 1966 (“MRTP Act”), no distribution licensee is a planning authority for these purposes. It is not even a local authority for the purposes of the MRTP Act.{Para 6}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

SUO MOTU WRIT PETITION NO. 2 OF 2023

High Court On Its Own Motion Vs State of Maharashtra 

CORAM G.S. Patel & Kamal Khata, JJ.

DATED: 30th November 2023

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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

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