Authority: High Court at Calcutta, Circuit Bench at Port Blair
Order Date: July 10, 2026
Case Overview
- Petitioner: M/s. Rupa Decorators Light and Sound
- Respondents: The Superintending Engineer and Others (electricity authorities) and Respondent No. 4 (landlord)
- Counsel: Ms. Anjili Nag, Sr. Adv. and Mr. Deb Kumar Bawali for the petitioner; Mr. S. C. Mishra for respondents 1‑3; Mr. Tapan Kumar Das for respondent 4
- Nature of Proceeding: Writ petition (WPA/353/2026) challenging the rejection of the petitioner’s application for electricity supply on the ground of non‑production of a No‑Objection Certificate (NOC) from the landowner.
- Background: The petitioner’s application for electricity connection was denied because it could not furnish an NOC from the landowner. The petitioner relied on an interim injunction dated March 19, 2026, issued by the Civil Judge (Senior Division), Port Blair in Other Suit No. 27 of 2026, which restrains the landlord (respondent 4) from evicting the petitioner and is still subsisting.
- Respondent Claims: The electricity authorities argued the petitioner had not demonstrated lawful occupation of the premises and therefore the NOC was essential. Respondent 4 alleged the petitioner owed rent for fourteen months.
- Legal Provision Cited: Section 43 of the Electricity Act, 2003, which mandates supply of electricity to the owner or occupier of a premises, stating that determination of legality of occupation is outside the jurisdiction of electricity authorities.
- Court Observations: The Court noted that the March 19, 2026 injunction confirms the petitioner’s possession of the suit premises. If the premises for which electricity is sought are the same as the suit premises, the rejection on the basis of lacking an NOC is untenable.
Final Outcome
- The electricity authorities are directed to revisit their decision and ascertain whether the premises for which connection is sought are identical to the suit premises protected by the injunction.
- If they are the same, the authorities must grant electricity connection to the petitioner, subject to compliance with all requisite formalities and payment of applicable charges, within four weeks from the date of this order.
- The order is issued solely to ensure supply of electricity as an essential amenity under Article 21 of the Constitution of India.
- The petitioner is not entitled to claim any equity or additional rights in respect of the premises beyond what already exists, and the order does not create any further right detrimental to the original owner.
- No order as to costs.
Topics: Electricity Supply, Legal Injunction