Even a Trespasser Unless Evicted as Per Law is Entitled to Electricity

On Thursday the Calcutta High Court held that even a trespasser unless evicted by process of law is entitled to electricity.

The Bench clarified that even if an electric connection is granted to the petitioner, it will not create any right in her favour when it comes to the right to property.

Background

In the instant case, the petitioner had applied for a new electric connection at her premises, but her application was rejected by The Calcutta Electric Supply Corporation Ltd because there was already an existing connection at the premises; therefore, a new connection cannot be provided.

However, the CESC later clarified that that could install a new connection provided that the petitioner applies for a new connection as her previous application was rejected.

On the other hand, the petitioner’s brothers and sisters(respondents) stated that she had no right to the property and was just allowed to stay there at the [premises.

The respondents further stated that she was also getting electricity from the main meter and occupying a portion of the said premises.

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Observation of the Court

Hon’ble Court remarked that disputes regarding title, ownership and interest between the petitioner and the respondents could not come in the way of the petitioner getting a new electricity connection when it is admitted that she is in possession of some port of the premises.

The Court further stated that if the petitioner is regarded as a trespasser, she has a right to get an electricity connection.

Order

Petitioner was directed to make a fresh application within seven days. The CESC was directed to inspect the premises within three days, tell the petitioner about the cost, and provide the petitioner with a new meter and connection within three days from the inspection date.

Case Details:

Title: Sukla Kar vs Calcutta Electric Supply Corporation Ltd. & Ors

Case No.:W.P.A.No.10534 of 2020

Date of Order:24.12.2020

Coram: Hon’ble Justice Arindam Mukherjee

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