'Illegal Occupier Also Entitled to Get Electricity Connection': Calcutta HC Sets Aside Denial Order
The Calcutta High Court's Circuit Bench at Port Blair recently directed the Electricity Department to provide a power connection to a woman residing on encroached government land, emphasizing that access to electricity cannot be denied merely due to lack of formal ownership documents.
The bench of Justice Krishna Rao delivered the verdict on July 11, 2025, in the petition filed by one Krishnawathi who had challenged the rejection of her electricity application by the Assistant Engineer-II (HQ), Electricity Department, Sri Vijaya Puram.
The petitioner had applied for a new electricity connection on June 24, 2024, disclosing her occupation of the land. However, her request was turned down on the grounds that she failed to submit the documentation mandated under Clause 5.30 of the Joint Electricity Regulatory Commission (JERC) Regulation, 2018, which includes ownership records like sale deeds, tax receipts, or NOCs from landowners.
The authorities had also relied on an Andaman and Nicobar Administration Circular dated October 19, 2023, to bolster their rejection. The clause, while listing acceptable documents for ownership or occupancy, leaves little room for encroachers to comply, effectively denying them access to electricity.
The court, however, took note of the unique position of the petitioner, who had built a house and was residing on government revenue land without electricity. It observed that the rigidity of Clause 5.30 cannot be used as a tool to prevent basic service access for occupants who are otherwise lawfully residing on the premises, even if they are encroachers.
Referring to a Full Bench judgment in Abhimanyu Mazumdar vs The Superintending Engineer, the court emphasized that illegal occupiers, too, are entitled to electricity connections. A similar view had been recently taken in a related case [WPA/213/2025] involving identical facts.
Justice Rao firmly 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 documents. He termed the rule’s application in this context as a veiled attempt to deny access to electricity on technical grounds.
Setting aside the Assistant Engineer’s February 14, 2025 order, court directed the Electricity Department to provide the petitioner a connection within four weeks of receiving the judgment, subject to fulfillment of all other formalities.
Case Title: Krishnawathi vs. UOI and Ors