The Calcutta High Court has observed that “electricity is an essential commodity” and that in modern times, living without electricity amounts to deprivation of a meaningful and civilized life, while upholding restoration of power supply to occupants of a dilapidated premises.

A Division Bench of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee made the observation while dismissing an appeal filed by the landlords against an order directing CESC Limited to restore electricity supply to persons occupying the premises.

“Electricity is an essential commodity. The right to live in a healthy and dignified manner, has been guaranteed by our constitution. In modern times, living without electricity amounts to deprivation of a meaningful civilized living,” the Bench observed.

The dispute arose after CESC disconnected the electricity connection as water was percolating to the existing meter board, creating a safety hazard. CESC submitted that the disconnection was necessary to prevent any possibility of fire or electrocution.

The Single Bench thereafter directed CESC to restore the connection, subject to the occupants applying for the same in the requisite form and depositing the necessary costs and charges.

CESC was directed to remove the existing service cable and associated installation from the meter board position so that repairs could be carried out to the dilapidated meter board and wall.

The occupants were also permitted to create a separate meter board at an adjacent location on the outer wall, in consultation with CESC. Supply was to be restored after CESC was satisfied that the repair work had been completed as required.

The Division Bench was informed that electricity supply had already been restored to the writ petitioners and other occupants who had approached CESC.

Senior Advocate Aniruddha Chatterjee, appearing for the landlords, argued that the Single Bench's order directly affected their rights and was contrary to proceedings initiated by the Kolkata Municipal Corporation under Section 412A of the Kolkata Municipal Corporation Act, 1980.

It was submitted that the premises were in a dilapidated condition and that the occupants had no right to remain there and enjoy electricity.

The landlords further argued that permitting electricity supply to continue could enable the occupants to claim additional rights or equities in respect of the premises and could amount to an acknowledgment by the High Court of their right to remain there.

Counsel for the occupants submitted that the challenge to the KMC proceedings was still pending and that the electricity restoration proceedings were separate.

The Division Bench, however, declined to interfere with the restoration of electricity.

At the same time, the Court clarified that its order was confined to the issue of restoration of electric supply and would not determine the status or rights of the occupants.

“The status of these occupants is not decided in this proceeding,” the Bench held.

The Court further made it clear that restoration of electricity could “never create any right or equity” in favour of the occupants.

It said that the restoration of supply would remain subject to the proceedings initiated by the Kolkata Municipal Corporation or proceedings pending before the civil court, as the case may be.

Case: Sri Avijit Singha Roy & Anr. Vs. M/s. GTS Constructions & Ors.

Case No: MAT 1386 of 2026

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