Case Note & Summary
The case involved a dispute over electricity supply to a house owned by the appellant, Chandu Khamaru, located in Howrah, West Bengal. The appellant's house was initially denied electricity supply while neighboring houses received it. After filing a writ petition, the High Court ordered the distribution licensee to provide electricity, which was complied with. However, subsequent writ petitions by respondents 1 to 3 claimed ownership of the land through which the electricity line was drawn, leading to a High Court order to disconnect the supply until the appellant established his rights in civil court. The appellant's appeal to the Division Bench was dismissed, reinforcing the need for resolution of the land dispute before electricity supply could continue. The Supreme Court analyzed the statutory duties of the distribution licensee under the Electricity Act, 2003, emphasizing the right of the appellant to receive electricity and the obligation of the licensee to supply it. The court noted that the respondents did not object to the supply itself but to the route taken through their claimed land. The court set aside the High Court's orders and directed the distribution licensee to find alternative routes for electricity supply, ensuring that the appellant's supply would not be disconnected during this process. The court mandated completion of this exercise within six months, allowing the appeal to the extent indicated.
Headnote
A) Electricity Law - Supply of Electricity - Statutory Right to Supply - Electricity Act, 2003, Sections 42, 43 - The appellant had a statutory right to apply for electricity supply, and the distribution licensee had a corresponding duty to supply. The court held that the distribution licensee must explore alternative routes for electricity supply, pending resolution of the land dispute. (Paras 10-11).
Issue of Consideration
Whether the distribution licensee can supply electricity to the appellant's house through disputed land claimed by the respondents.
Final Decision
The Supreme Court set aside the High Court's orders and directed the distribution licensee to explore alternative routes for electricity supply to the appellant's house, ensuring that supply would not be disconnected during this process. The exercise was to be completed within six months.
Law Points
- Electricity supply rights
- distribution licensee duties
- statutory obligations
- land ownership disputes
