Pratap Kumar Ray, J. - (1.) All the aforesaid writ applications have been taken up for analogous hearing as the facts and the question of law involved are identical. Heard the learned advocates appearing for the respective parties of the respective writ applications.
(2.) The fact of the respective writ applications filed by the respective writ petitioners are identical. Prayer has been made in the writ application for issuance of a Writ in the nature of Mandamus directing the respondents, the Superintending Engineer, Electricity Department, Port Blair and other officers of the Electricity Department, who are parties in the proceeding, to provide electricity connection to the premises constructed by the respective writ petitioners on the Government revenue land encroaching the same at different years prior to the year April, 1993 but after the year 1978.
(3.) It is the contention in all writ applications that, even if the writ petitioners are unauthorized occupier of the Government revenue land encroaching it, they are entitled to have supply of electricity in terms of Sec. 43 of the Electricity Act, 2003, on the reasoning that they are occupier of the premises in the angle of the meaning of the word 'occupier' in terms of the Sec. 43 of the said Act defined by the Division Bench of the High Court at Calcutta, Circuit Bench, Andaman and Nicobar Islands, Port Blair by order dated 21.02.2008 in MAT No. 031 of 2007 under the cause title the Lieutenant Governor and Ors. v/s. Shri Rajaratnam and by order dated 31.03.2009 in MAT No. 029 of 2009 under the cause title Smti Mahamaya Biswas v/s. Lieutenant Governor and Ors. Beside such another reason has been assigned to have the supply of electricity on the basis of a Press Note issued by the Superintending Engineer, Electricity Department, Andaman and Nicobar Administration whereby and whereunder on the basis of approval accorded on 11.03.2003 by the Ministry of Home Affairs, permanent electric connection for domestic use were directed to be provided to the families who have encroached on Government Revenue land after 1978 but prior to April, 1993. It is the common cause of the respective writ petitioners that they are the encroachers of the Government revenue land prior to April, 1993 but after 1978 i.e. the period which was the subject matter of "Press Note" to provide permanent electric connection for domestic use. It has been urged further that as right to shelter under Article 21 of Constitution of India is available to them, as a consequential effect, they are entitled to get electricity, irrespective of their status as unauthorized occupier/encroacher of land.;