A Trespasser Not Evicted By Due Process Of Law Is Entitled To Electricity Connection: Calcutta High Court

The Bench of Justice Arindam Mukherjee further clarified that the Electricity connection, if granted to the petitioner (alleged trespasser), wouldn't create any right in her favour as regards the property.

The matter before the Court

The petitioner (Sukla Kar) applied for a new service connection at her premises, however, her application was rejected by CESC (The Calcutta Electric Supply Corporation) Limited, stating that there was already an existing service main at the said premises and so no new service main could be provided at the said premises.

CESC was ready and willing to install a new meter and give a new connection to the petitioner from the existing main, provided the petitioner made a fresh application for a new meter and a new connection, since the petitioner's previous application had already been rejected.

The new connection was also subject to the petitioner bearing all costs and expenses for the new meter and the new connection.

On the other hand, on behalf of private respondents no.5-11, it was submitted that the petitioner had no right in respect of the preemies in question.

They argued that she had been permitted to stay thereat by her brothers and sisters being the private respondents.

The private respondents also said that the petitioner had been enjoying the electricity from an existing meter under an arrangement between the petitioner and the private respondents.

The private respondents, however, admit that the petitioner was in occupation of a portion of the said premises.

Court's Order

The Court, in its order, said,

"These disputes regarding the right of ownership, title and interest in respect of the premises between the petitioner and the private respondents cannot stand in the way, if the petitioner getting the new meter in her name, particularly when the possession of the petitioner is admitted."

Importantly, the Court said,

"Assuming without admitting that the petitioner does not have any right, title and interest in respect of the said premises, the petitioner's status then is that of a trespasser. Even a trespasser, unless evicted by due process of law, is entitled to electricity. Electricity connection, if granted to the petitioner, will not also create any right in her favour."

In these facts and circumstances, the Court directed the petitioner to make a new application for a meter and a new connection at the said premises within seven days from date.

The Court also ordered that within 72 hours from the date of the application if made, the officials of CESC shall inspect the existing service main and the meter board position for installing a new meter in the name of the petitioner.

Within 3 days from the date of inspection, CESC has been directed to raise the quotation and on payment of the sum mentioned in the quotation and compliance of other statutory requirement, CESC shall within 3 days 3 therefrom install a new meter and grant the petitioner a new connection.

Case title - Sukla Kar v. The Calcutta Electric Supply Corporation Ltd. & Ors. [W.P.A.No.10534 of 2020]

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