Court Cannot Direct Electricity Supply To Building Which Has Been Declared Unsafe: Calcutta High Court
The Calcutta High Court has refused to direct CESC Limited to provide an electricity connection to a printing press operating from a building declared unsafe and liable to demolition, holding that no mandatory direction for electricity supply could be issued where there was a serious risk to life and property.
Justice Om Narayan Rai was hearing a writ petition filed by M/s. S.A. Printers and another, seeking electricity supply at premises No. 121/4K, Manicktala Main Road, Kolkata.
The petitioners claimed to be tenants at the premises and submitted that they had applied for an electricity connection for their printing press. According to them, CESC initially informed them that access to the premises was blocked by a garbage dump.
The petitioners stated that the Kolkata Municipal Corporation subsequently cleared the garbage and issued a certificate to that effect. They further claimed that after the same was communicated to CESC, the distribution licensee took the stand that an objection had been raised by the private respondents and that electricity could not be supplied unless the petitioners obtained police assistance or got the objection removed.
The petitioners thereafter approached the Manicktala Police Station and relied on a written no-objection allegedly issued by the police authorities.
It was also submitted that the private respondents, who were the landlords, had earlier instituted an eviction suit against the petitioners, which was dismissed for default on January 9, 2025. The petitioners subsequently instituted Title Suit No. 470 of 2025 before the Civil Judge (Junior Division), 2nd Court, Sealdah, and obtained an injunction restraining the private respondents from dispossessing them except in accordance with law.
Opposing the plea, CESC submitted that electricity could not be supplied because the premises itself had been ordered to be demolished by the Kolkata Municipal Corporation.
The Court was informed that the demolition order had earlier been challenged before the High Court in WPA 21796 of 2025 by another tenant of the premises. A Co-ordinate Bench, by an order dated September 22, 2025, had upheld the demolition and vacation orders after recording that a portion of the building had already collapsed and that the remaining structure was in imminent danger of falling.
The private respondents also submitted that the building was in a highly dilapidated condition and posed a serious danger to life and property.
Justice Rai noted that the petitioner had placed strong reliance on handwritten notes appended to communications addressed to the KMC and the Manicktala Police Station. However, the Court observed that the notes "fail to inspire confidence of the Court".
The Court nevertheless proceeded on the assumption that the documents were genuine and held that even then, electricity could not be directed to be supplied to the premises.
"Even if, the same are assumed to be true and taken at face value, then also in the wake of the gory facts of the present case, no direction to effect electricity supply to a condemned premises can be passed," the Court held.
Referring to the earlier order concerning the same premises, the Court noted that the Co-ordinate Bench had found that a portion of the building had already collapsed and the remaining structure was in imminent danger of falling. It had consequently held that a dilapidated and unsafe structure could not be permitted to stand merely to preserve tenancy rights.
The Court further considered Section 43 of the Electricity Act, 2003, which mandates supply of electricity upon an application by an owner or occupier of the relevant premises, subject to the other provisions of the Act.
Justice Rai observed that those provisions included considerations concerning the safety and security of persons and property at and around the premises.
"In the present case - where there is serious risk of safety and the premises itself is liable to be fully demolished as indicated hereinabove, due to its dilapidated condition - a mandatory direction on the respondent distribution licensee to effect electricity supply to such premises, is wholly unwarranted," the Court held.
The Court consequently found no ground to issue a writ of mandamus directing CESC to provide electricity to the petitioners and dismissed WPA 21296 of 2026 without costs.
Case: M/s. S.A. Printers & Anr. v. CESC Limited & Ors.
Case No.: WPA 21296 of 2026