Calcutta High Court says Clause 5.30 can’t deny power to encroachers; calls refusal a “veiled attempt” to block basic service access.
Kolkata, Port Blair: Today, on July 11, the Calcutta High Court’s Circuit Bench at Port Blair ruled that electricity cannot be denied to someone simply because they do not have formal ownership documents, especially if they are residing on government land.
The court made this ruling while hearing a petition filed by a woman named Krishnawathi, who had been denied an electricity connection by the Electricity Department in Sri Vijaya Puram.
The case was heard by Justice Krishna Rao, who gave the order in favour of the petitioner, stating clearly that access to electricity is a basic need and cannot be refused just because the person does not have documents like a sale deed or a no-objection certificate (NOC). The order was passed on July 11, 2025.
Krishnawathi had applied for a new electricity connection on June 24, 2024, and she had openly informed the department that she was living on government revenue land.
However, her application was rejected by the Assistant Engineer-II (HQ) on February 14, 2025, citing Clause 5.30 of the Joint Electricity Regulatory Commission (JERC) Regulation, 2018.
This clause requires applicants to show ownership proof such as sale deeds, tax receipts, or NOCs from the landowner to get an electricity connection.
The Electricity Department also referred to a circular issued by the Andaman and Nicobar Administration on October 19, 2023, to support their rejection.
The High Court, however, rejected this logic and made it clear that this rule should not be used to deny essential services like electricity to people living in such conditions.
Justice Rao pointed out that
“the rigidity of Clause 5.30 cannot be used as a tool to prevent basic service access for occupants who are otherwise lawfully residing on the premises, even if they are encroachers.”
He further stated that
“the rule requiring documentary proof under Clause 5.30 cannot be enforced against encroachers who, by the very nature of their occupancy, are unable to furnish such documents.”
Justice Rao also said that applying this rule strictly in such situations amounts to
“a veiled attempt to deny access to electricity on technical grounds.”
The court referred to a previous Full Bench decision in Abhimanyu Mazumdar vs The Superintending Engineer, where it was held that even illegal occupants are entitled to get electricity.
The court also noted a similar recent case [WPA/213/2025] which had nearly the same facts, where the decision was also in favour of providing electricity.
Finally, the court cancelled the order issued by the Assistant Engineer on February 14, 2025, and directed the Electricity Department to provide the electricity connection to Krishnawathi within four weeks from the date they receive a copy of the judgment. However, she must complete all other required formalities.
Case Title:
Krishnawathi vs. UOI and Ors
Read Order:
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