Authority: High Court at Calcutta
Order Date: 14 July 2026
Case Overview
- Petitioners: Mrs Urmila Singh and her son (representing late Lal Bahadur Singh) sought a new domestic electricity connection for the rooftop portion of No. 7C, Kiran Shankar Roy Road, Kolkata (Hastings Chambers).
- Respondents: CESC Limited (electricity distributor), private respondents Nos. 4‑7 (occupants of Hastings Chambers), and indirectly the Hastings Chambers Owners Association and developer Shyam Sundar Nangalia.
- Background: Petitioners applied for a domestic connection in 2017; CESC rejected the application on the ground of load‑splitting and existing meter. After disconnection, CESC offered a connection upon formalities, fees were deposited, but occupants obstructed installation.
- Petitioners argued they are in settled possession and thus entitled to electricity, citing Abhimanyu Mazumdar and Dilip v. Satish precedents.
- Private respondents contended the petition is an abuse of process, that petitioners are illegal occupants of a commercial building, have constructed unauthorized residential units, blocked a statutory fire‑escape staircase, and that the building lacks fire‑license due to these encroachments.
- CESC submitted a technical report indicating a 60‑amp single‑phase meter could serve the premises.
Final Outcome
- The Court held that the petitioners have not demonstrated settled lawful possession; the rooftop conversion is unauthorized, violates the sanctioned building plan, and creates a fire hazard.
- Under Section 43 and Section 53 of the Electricity Act 2003, a distribution licensee may not be compelled to supply electricity where public safety is jeopardised.
- Maintainability objections were rejected as they were raised late, but on merits the writ petition was dismissed in its entirety. WPO 860/2025 stands disposed of.
Topics: Electricity Supply, Fire Safety, Illegal Occupancy