LEELA DEVI Vs. H. P. STATE ELECTRICITY BOARD LTD.
LAWS(HPH)-2021-5-4
HIGH COURT OF HIMACHAL PRADESH
Decided on May 04,2021

LEELA DEVI Appellant
VERSUS
H. P. State Electricity Board Ltd. Respondents

JUDGEMENT

Vivek Singh Thakur,J. - (1.) Petitioner has approached this Court for denial of electricity connection by respondents to her, despite deposit of amount of charges and security, amounting to '10,008/- vide receipt No. 10201033127, dated 6.7.2019, demanded by respondents after completion of necessary codal formalities, to the premises occupied by her on Khasra Nos. 1043 and 1044, situated in Village Shiliri (Mohal Mehli), Tehsil Shimla Rural, District Shimla, H.P.
(2.) Admittedly, petitioner is not recorded owner of the land whereupon her house is constructed. Her claim is that irrespective of ownership of land beneath her house, for fundamental right under Article 21 of Constitution of India, she is entitled for electricity connection.
(3.) Petitioner, for establishing her entitlement for electricity connection, has referred provisions of Electricity Act, 2003 and Himachal Pradesh Electricity Regulatory Commission (Licensee's Duty for Supply of Electricity on Request) Regulation, 2004, (for short the "Electricity Act" and "HPERC"), wherein it is provided that applicant means the 'owner or occupier of any premises', who makes an application to the distribution licensee for supply of electricity. Petitioner has also relied upon judgment passed by Division Bench of this Court dated 22.10.2018 in CWP No. 2454 of 2018, titled as Madan Lal Vs. State of H.P. and others, wherein electricity and water connection was directed to be released to the applicant/petitioner therein, despite the fact that applicant/petitioner was encroacher, facing proceedings under Section 163 of H.P. Land Revenue Act for eviction.;


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