Authority: Calcutta High Court (High Court at Calcutta)

Order Date: 08 October 2026

Case Overview

  • Appeal No. APOT 127 of 2026 with IA No. GA/1/2026 filed by Mrs. Urmila Singh & Anr. against CESC Limited and other respondents concerning electricity supply to premises at 7C Kiran Shankar Roy Road, top floor, Hastings Chambers, Kolkata.
  • The original judgment dated 14 July 2026 (W.P.O. No. 860 of 2025) dismissed the writ, holding the appellants’ claim of a sub‑meter connection to be false and classifying Hastings Chambers as a high‑risk building where domestic connections are impermissible.
  • Appellants argued long‑term possession, tenancy status, and reliance on Section 43 of the Electricity Act, 2003, which obliges the licensee to supply electricity upon application by owner or occupier.
  • Respondents (other occupants) contended that the appellants were caretakers, not tenants, had erected unauthorized residential structures on the roof, blocked one of two fire‑exit staircases, and violated fire‑safety norms.
  • Joint inspection reports (27 March 2010) by CESC, Police, and Fire & Emergency Services identified multiple safety deficiencies, including blocked fire exit, unauthorized mezzanine, and lack of fire‑license renewal.
  • Kolkata Municipal Corporation (KMC) initiated Demolition Case No. 19‑D/V/18‑19; the Special Officer (Building) issued an order on 26 August 2019 regularising the 893.0 sq ft rooftop construction as a “minor unauthorized erection” subject to:
  • Submission of a structural‑engineer certificate within 30 days;
  • Payment of retention fees within 30 days of fee calculation;
  • Affidavit that no further construction will be undertaken without KMC sanction.
  • The Apex Court (2024 INSC 990) held that electricity and other essential services must not be provided to unauthorized constructions and that fire‑license renewal can be denied for safety violations.
  • The High Court noted that the fire‑license for the building remained expired, the blocked staircase persisted, and compliance with the KMC regularisation conditions was not yet verified.

Final Outcome

  • The Court modifies the impugned order, directing that CESC Limited may supply electricity to the appellants only on a commercial basis, not as a domestic connection.
  • Supply is contingent upon CESC receiving satisfactory compliance reports from:
  • Kolkata Municipal Corporation confirming that the rooftop construction has been regularised and all stipulated conditions (structural certificate, fee payment, affidavit) are fulfilled;
  • West Bengal Fire and Emergency Services confirming that fire‑safety objections (blocked exit, fire‑license renewal) have been resolved.
  • The connection must not be used for residential purposes; use of LPG, open flames, or kitchen equipment is expressly prohibited.
  • The appeal and all connected applications are disposed of.

Topics: Electricity Supply, Building Safety