1 2025:CGHC:33777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2798 of 2025 1 - Smt. Sunita Tiwari W/o Dinesh Tiwari Aged About 54 Years R/o Near Sarswati Shishu Mandir, Bagichapara Road, Gokul Nagar, Ward- 4, Ameri, Bilaspur, ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Energy Department, Government Of Chhattisgarh, Mahanadi Bhwan, Nava Raipur, Chhattisgarh. 2 - The Managing Director Chhattisgarh State Electricity Board, Vidyut Seva Bhavan, Daganiya, Raipur, Chhattisgarh. 3 - Chairman Chhattisgarh State Power Distribution Company Ltd. Daganiya, Raipur, Chhattisgarh. 4 - Superintending Engineer C.S.P.D.C.L. Tifra, Bilaspur, Chhattisgarh. 5 - Shri S.K. Jangade S.E., C.S.P.D.C.L. Tifra, Bilaspur, Chhattisgarh. 6 - Executive Director C.S.P.D.C.L. Tifra, Bilaspur, Chhattisgarh. 7 - Shri M.K. Pandey E.E., C.S.P.D.C.L. Tifra, Bilaspur, Chhattisgarh. 2 8 - Assistant Engineer C.S.P.D.C.L. Sakari, Bilaspur, Chhattisgarh. 9 - Shri Yogesh Sahu A. E., C.S.P.D.C.L. Sakari, Bilaspur, Chhattisgarh. 10 - Shri Bhupesh Sahu Past A.E., C.S.P.D.C.L. Sakari, Through The Executive Director Bilaspur, Region Tifra, Bilaspur, Chhattisgarh. 11 - Sub- Engineer C.S.P.D.C.L. Sakari, Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Dinesh Tiwari, Advocate For Respondent/State For Respondent No. 2 to 11 : : Ms. Nupur Trivedi, PL Shri Krishna Tandon, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/07/2025 The petition by way of this petition has challenged the order dted 12.11.2024 (Annexure P/2) whereby the application of the petitioner filed for permanent electricity connection 6-8 KW is pending with the authorities. He has thus prayed for the following reliefs: “10.1. The estimate of letter number 1224 dated 14th October 2024, EE’s letter No. 6137 dated 12.11.2024 (Annexure P/2) be declared illegal and both should be cancelled and it should be declared that it is against Section 43 of the Electricity Act. Also instructions/orders may be issued. Electricity is a basic facility from which no person can be deprived. Offices cannot refuse to give electricity connection to the applicant on the basis of non- issuance/refusal of any institution/municipal corporation to issue no objection certificate or on any other basis, provided 3 phase permanent 3 connection as per the demand/requirement of the applicant within 15 days from this order. 10.2. This Hon’ble Court may issue direction to higher authorities to take departmental action against all the authorities who are involved in the illegal performance against clear provision of law and kindly direct to pay cost of petition and compensate his malicious manner. 10.3. Any other writs and directions that may be deemed fit and just in the facts and circumstances of the case.” 2. Facts of the case in brief are that the petitioner had purchased a plot admeasuring 2200 sq. ft. land near Saraswati Shishu Mandir, Bagichapara Road, Purani Basti, Ameri in Gokul Nagar Ward No.4 within the municipal limits of his residence and after sanctioning of the map from the Municipal Corporation Zone 1 Sakari had constructed the house after obtaining license. Thereafter temporary connection was given by the respondent authority on 22.05.2023 by BP No. 1009218087 and the bills are being paid by the petitioner. The house of the petitioner got completed in the month of April 2024 and the said house is build in 1800 sq. ft. and is a two story house. The petitioner submitted the application along with all the relevant documents for permanent electricity connection of 6-8 kw. As per his requirement to the Assistant Engineer, Sakari, Bilaspur having the jurisdiction. It is alleged that after receiving the application of the petitioner, the then Assistant Engineer, with a malicious intention and to give undue benefit to his favorite contractor and gaining illegal money from the petitioner, name of some other unknown person has been made in the letter 4 No.1224 of the petitioner dated 14thOctober 2024 and estimate was prepared with bill of Rs. 8,66,291/- showing it to be independent house and sent to the higher officer. After receiving the estimate and keeping the case with himself for about one month, the Executive Engineer sent back the estimate citing the following reasons for not having the illegal amount available: (i) certificate regarding non-availability of outstanding amount (electricity bill) is not attached. (ii) consent letter regarding providing ROW by the applicant, applicant’s own responsibility in any dispute is not attached (iii) No Objection Certificate of local body is not attached (iv) As per the instructions in the circular No. 2/Work-1/4254 dated 21.12.2023 of the office of Executive Director, Raipur, certificate regarding preparation of estimate for the entire area/all plots is not attached. 3. After the said incident, respondent No.10/Engineer CSPDCL was transferred but the application of the petitioner was lying pending in the office of Assistant Engineer. When no action was taken on the application of the petitioner, request was made to the Asstt. Engineer and he was convinced that within 15 days, the permanent connection would be provided and when after one month, connection was not provided, she met the concerned Asstt. Engineer who has stated that the file has been forwarded to the Executive Engineer who in turn asked the petitioner to contact the Superintending Engineer and as he was busy in some meeting on that day, agreed to provide permanent connection in 15 days. However, after lingering on the matter for 5 months, the application of the petitioner was not considered and therefore she sent mail to the Chariman, CSPDCL but till date no action has been taken by the Department. Hence the present petition. 4. Learned counsel for the petitioner submits that there is no reason to reject the application of the petitioner and the bill for temporary connection and its deposit details would be available in “More Bijli App” and he has also referred to the decision of the Apex Court in the matter of K.C.Ninan Vs. Kerala SEB (2023) 14 SCC 431 and submits that electricity and water are basic service which cannot be denied to any peron. Since electricity is a basic amenity of which a person cannot be deprived. 5. Counsel for respondents No. 2 to 11 submits that a false pleading has been made by the petitioner that she has been deprived of the electricity though the petitioner has been issued with the electricity connection vide service No. 1009218047 (temporary connection). It is submitted that the petitioner has purchased a diverted non-colonized land vide registered sale deed on 27.10.2022 bearing Khasra No. 301/4 area 2200 square feet and that the person from whom the land has been purchased is not a registered colonizer. He submits that the petitioner has approached the Municipal Corporation Bilaspur and directly obtained the building permission on 11.02.2023 and thereafter applied for temporary connection. He submits that the house of the petitioner has been constructed without duly sanctioned T& C approved colony therefore the line extension work required for establishing permanent supply equipments such as Distribution Transformers, electricity poles, wires has not been been done by the vendors of the 6 plots. He therefore submits that the cluster of the houses of the petitioner and other applicants are under consideration under the provisions of the CG Electricity Supply Code 2011 after the survey work conducted by the respondents and report of the Executive Engineer (O & M), Division CSPDCL, Bilaspur. 6. Heard learned counsel for the parties and perused the documents on record. From the perusal of the documents, it appears that the petitioner had constructed the house after taking the approval from the Municipal Corporation, sanctioning the map,T & C approval and also after providing temporary connection. After making several applications and contacting the concerned officials of the department ie. Engineer, Asstt. Engineer, Executive Engineer, Superintending Engineer and the Chairman, CSPDCL, if the petitioner is deprived of providing electricity connection. Since it is a legal principle that electricity is a basic amenity and cannot be denied to a tenant/resident under such circumstances. The Electricity Act, 2003, mandates that distribution licensees (electricity departments) have a statutory duty to supply electricity to both owners and occupiers of premises within their area of supply. It is true that the Electricity departments may have valid reasons to deny connections to unauthorized constructions, but this should be done within the bounds of the law and without infringing on fundamental rights. 7. In essence, the Supreme Court and other courts have consistently emphasized that access to electricity is a crucial aspect of the right to life and that electricity departments have a responsibility to 7 provide connections to those who are legally entitled to them, while ensuring compliance with relevant regulations and avoiding arbitrary restrictions. Thus, in view of the foregoing discussion, the present petition is allowed and the respondents are directed to provide permanent electricity connection without interfering in peaceful enjoyment of the electricity by the petitioner subject to the payment and expenses that may be incurred upon by the petitioner as required. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.07.19 12:18:55 +0530