Illegal Occupants Entitled To Electricity Despite Lack Of Occupancy Documents: Calcutta High Court
The Calcutta High Court circuit bench at Port Blair has ruled that an illegal occupant of government revenue land cannot be denied electricity solely on the ground of not furnishing ownership or occupancy documents listed in Clause 5.30 of the Joint Electricity Regulatory Commission (JERC) Regulation, 2018.
It has been ruled by the Court that while the clause outlines documentary requirements, it can't be stretched to block essential services like electricity for individuals occupying land without formal title.
Justice Krishna Rao, presiding over the Circuit Bench at Port Blair, observed, “This Court also finds that it is not possible for the illegal occupier to obtain the document which is required under the Clause 5.30 of the JERC Regulation, 2018. The authority have made an attempt by notifying the rule only to prevent the illegal occupier for grant of electricity. Thus, this Court hold that the document as prescribed under Clause 5.30 is not required to be produce by the illegal occupier who has constructed the house in the government revenue land.”
The ruling was delivered in a writ petition filed by the petitioner Krishnawathi praying for setting aside the impugned order passed by the Assistant Engineer-II (HQ), Electricity Department wherein the request of the petitioner for grant of electricity connection in the government revenue land was rejected and given a liberty to the petitioner to file fresh application for new electricity connection in respect of the encroached land subject to the compliance with all conditions and requirement as mandated under clause 5.30 of JERC Regulation, 2018 and the Andaman and Nicobar Island Administration Circular dated 19.10.2023 as Electricity Department had relied upon the aforesaid regulations and circular while providing new electricity connection to the general public including encroachers.
The counsel for the petitioner has submitted that initially the petitioner had filed the application before the concerned authority on 24.06.2024 by disclosing all the documents. The petitioner submitted that she residing in the said land without the electricity connection but the authorities rejected the request of the petitioner.
The petitioner had applied for an electricity connection in June 2024, disclosing all the documents in her possession. She resides in a house constructed on government revenue land but has been living without electricity. Her application was rejected on the ground that she had failed to meet the documentary requirements of Clause 5.30.
Mr. S.C.Mishra, the advocate appearing for the electricity department submitted that as per Clause 5.30 of JERC Regulation, 2018 the petitioner had to disclose the documents however she failed to disclose the documents as provided under clause 5.30. Thus, the Assistant Engineer had rejected her claim.
The Court, in its verdict observed, “In the present case it is not denied that the petitioner is not in occupation of the premises in question. The electricity connection has been denied as the petitioner has not provided the documents as required under Clause 5.30 of JERC Regulation, 2018. The similar issue was considered by the Coordinate Bench of this Court in WPA/213/2025 wherein this Court considered that clause 5.30 does not in any manner fetter the right of occupant to get electricity connection.”
Accordingly, the impugned order passed by the Assistant Engineer- II (HQ) was set aside by the Court and quashed. The Assistant Engineer-II (HQ), Electricity Department was directed to provide electricity connection to the petitioner within a period of four weeks from the date of receipt of this order on compliance of all formalities.
Case Title: Krishnawathi v. Union of India & Others
Case No.: WPA/216/2025