Chennai: Any person occupying other’s land or property is illegal, but he or she cannot denied an electricity connection in certain cases, an important high court verdict stated.
The Port Blair circuit bench of the Calcutta High Court recently directed the Electricity department to provide a power connection to a woman residing on encroached government land, stressing that access to electricity cannot be denied merely due to a lack of formal ownership documents.
The bench of Justice Krishna Rao delivered the verdict on July 11 after hearing a petition filed by Krishnawathi, who had challenged the rejection of her electricity application by the Assistant Engineer-II (HQ), Electricity Department, Sri Vijaya Puram (formerly Port Blair).
Krishnawathi’s application for a new electricity connection in June 2024, in which she disclosed that she was occupying the government land, was turned down on the grounds that she did not submit the documentation – like sale deeds, tax receipts, or NOCs from landowners – required under Clause 5.30 of the Joint Electricity Regulatory Commission (JERC) Regulation, 2018.
The Electricity department also cited an Andaman & Nicobar Administration Circular dated October 19, 2023 while dismissing the application.
However, the high court’s circuit bench noted the petitioner’s unique position, having built a house on government revenue land but residing there without electricity.
Justice Rao said that the rigidity of Clause 5.30 cannot be used as a tool to prevent access to basic service for occupants who are otherwise lawfully residing on the premises, even if they are encroachers.
Justice Rao referred to a full bench judgment in Abhimanyu Mazumdar vs The Superintending Engineer case, emphasising that illegal occupiers, too, are entitled to electricity connections.
A similar view was also recently taken in a related case [WPA/213/2025] involving similar facts.
Justice Rao stated that the rule requiring documentary proof under Clause 5.30 cannot be enforced against encroachers who, by the very nature of their occupancy, are unable to furnish such papers.
Terming the application of the rule in this context as a veiled attempt to deny access to electricity on technical grounds, the high court set aside the Assistant Engineer’s February 14, 2025 order, and directed the Electricity department to provide the petitioner a connection within four weeks, subject to fulfilment of all other formalities.