Shashwati Chowdhury
Published on: August 9, 2022 at 19:16 IST
According to the Gujarat High Court, occupants of land cannot be denied access to power just because a dispute over the land’s ownership is ongoing.
The award of an electrical connection to a consumer has nothing to do with the right, title, ownership, or right of occupancy, according to a Division Bench judgement cited by Justice AS Supehia.
The petitioners, who are the present occupants of the property, submitted that the only reason they were denied an energy connection was because the property they were on belonged to the government. In order to have the encroachment removed, the Mamlatdar had filed legal action against them under Section 61 of the Gujarat Land Revenue Code.
The Petitioners relied on a High Court order and Section 43 of the Electricity Act, 2003, which mandates the supply of electricity to any owner or occupant of properties, to support their argument. The Respondent authorities were unable to deny that the Petitioners were occupying the property in question.
The petitioners were the property owners of the agricultural area in question for which power was sought, Justice Supehia said. Electricity was denied, nevertheless, on the grounds that the petitioners were illegally occupying the government property.
After reading Section 43, Justice Supehia came to the conclusion that it stipulated the licensee to provide electricity to the properties where the owner or occupier had submitted an application. Reference was then made to the Division Bench of the High Court’s order in LPA No. 91/2010, which stated the following:
“Such power being not vested under the law with the company and as the company cannot decide the disputed question of right and title, we are of the view that ownership or right of occupancy has no nexus with grant of electrical connection to a consumer.”
In light of the aforementioned provisions, Justice Supehia directed the Respondent-Company to provide power connections to the Petitioners at the earliest on the land, in accordance with a list maintained by the name that contained their names.
