Electricity Connection Cannot Be Denied Only Because Dispute Regarding Ownership Of Land Is Pending: Gujarat High Court
The Gujarat High Court has clarified that occupiers of a land cannot be denied electricity connection only because a dispute regarding ownership of the land is pending. Justice AS Supehia referred to a division bench judgment stating that right and title and ownership or right of occupancy has no nexus with grant of electrical connection to a consumer. The Petitioners, current occupiers...
The Gujarat High Court has clarified that occupiers of a land cannot be denied electricity connection only because a dispute regarding ownership of the land is pending. Justice AS Supehia referred to a division bench judgment stating that right and title and ownership or right of occupancy has no nexus with grant of electrical connection to a consumer.
The Petitioners, current occupiers of the land, submitted that they were denied an electricity connection only because the land that they were occupying was in the name of the Government. The Mamlatdar had initiated proceedings against them u/s 61 of the Gujarat Land Revenue Code for removal of encroachment. To bolster their contention, the Petitioners relied on an order of the High Court and Sec 43 of the Electricity Act, 2003 which mandates the supply of electricity to any owner or occupier of premises. The Petitioners could be said to be 'occupier' of the land in question and the Respondent authorities could not deny the connection.
Justice Supehia noted that the Petitioners were owners of the concerned agricultural land for which electricity was sought. However, electricity was denied on the ground that the Petitioners were illegally occupying Government land.
Perusing Sec 43, Justice Supehia concluded that the provision stipulated that the licensee shall supply electricity to those premises where the application had been filed by the owner or the occupier. Subsequently, reference was made to the order of the Division Bench of the High Court in LPA No. 91/2010 wherein it was observed:
"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."
Keeping in view the aforesaid provisions, Justice Supehia directed the Respondent-Company to supply electricity connection to the Petitioners in the premises of the property at the earliest in accordance with the list maintained by the name containing the names of the Petitioners.
Case No.: C/SCA/6281/2021
Case Title: YOGESH LAKHMANBHAI CHOVATIYA v/s PGVCL THROUGH THE DEPUTY ENGINEER
Citation: 2022 LiveLaw (Guj) 318