- (1.) This reference has been made by a learned Single Judge of this Court to the Larger Bench after having disagreed with the view taken by two earlier Division Benches on the ground that those Division Benches, while deciding the matters, did not take into consideration the effect of the Rules framed under the Indian Electricity Act, 2003.
(2.) The following two questions have been referred to the Larger Bench for decision: Point I: Whether unauthorized occupiers, encroachers of any premises and squatters of any premises are legally entitled to file an application under Section 43 of the Electricity Act, 2003 claiming status as 'occupier' and thereby may seek supply of electricity in the premises as constructed on encroaching the land; and, whether under the Works of Licensees Rules, 2006, the Distribution Licensee lawfully can provide electricity supply line in due discharge of their duties and what is meaning of word 'occupier' in said Act on reflection of Rule 2006? Point II: Whether right to have 'electricity' under the ambit of Article 21 of the Constitution of India by including such right within the derived right 'right to shelter' under Article 21 of the Constitution of India could be available to trespasser and unauthorized occupier; and, whether right to shelter a derived/emanated fundamental right could be extended to the unauthorized occupants, squatters, encroachers of any land or premises to provide as a consequential relief to supply electricity, on breach of statutory provisions under the Electricity Act, 2003 and the Works of Licensees Rules, 2006 as well as on public interest?
(3.) Before entering into those questions, the following material facts may be taken into consideration: a) The writ Petitioners, involved in all these applications, are admittedly encroachers of the Government Revenue Land situated in the Andaman & Nicobar Islands. They encroached upon the land after the month of April, 1993 and are in possession of the same by making construction of their residential accommodations. A Press Note was issued by the Superintending Engineer, Electricity Department, the Andaman & Nicobar Administration, thereby according approval of permanent electric connection for domestic use to be provided to the families, who had encroached on the Government Revenue Land after the year 1978, but prior to the month of April, 1993. According to the writ Petitioners, there was no justification of fixing a cut-off date, namely, the April, 1993, for the purpose of giving electricity because the persons of both the categories are the encroachers of the Government Revenue Land, whether they commenced their encroachment prior to the month of April, 1993 or thereafter. It was further contended that Article 21 of the Constitution of India brings within its purview the right to get electricity irrespective of the status of the occupier in the land. b) The aforesaid Press Note issued by the Andaman & Nicobar Administration dated 20th May, 2003 and the decisions of the Central Government, as communicated by letter dated 17th January, 2003 and 11th March, 2003 issued by the under Secretary to the Government of India, which is the basis of the said Press Note, are quoted below: Andaman and Nicobar Administration Office of the Superintending Engineer Electricity Department .... PRESS NOTE As per the approval accorded on 11-3-2003 by the Ministry of Home Affairs permanent electric connection for domestic use will be provided by this department to the families which have encroached on Govt. revenue land after 1978 but prior to April 1993. Generating capacity at all places is available. Press note in this regard was issued on 1-4-2003 on the basis of which the intending persons have started submitting applications and affidavits for obtaining electric connections. All these applications are being forwarded to the revenue authorities for checking the correctness or otherwise about the encroachment on govt. For expediting the issuance of certificates by the revenue authorities, weekly meetings will be held at the offices for respective Asst. Commissioners or the Tahsildars for checking the correctness of the encroachment records by the applicant with reference to various records with the revenue department. During such weekly meetings the Pradhan of the concerned village Gram Panchayat would be invited to present along with the Jr. Engineer/Asst. Engineer/Executive Engineer of the Electricity Department so that the individual cases could be jointly checked and settled and required certificates be issued by the concerned Tahsildar at the spot. The weekly meetings shall be held at 10 a.m. on each Saturdays for which suitable notices intimating the Pradhans of Gram Panchayat and others will be issued by the Tahsildar of the respective Tahsil or the Asst. Engineer of the Electricity Deptt., as mutually decided by them. Superintending Engineer Electricity Department No. EL/PL/17-11/2003/2003/1970Andaman and Nicobar AdministrationOffice of the Superintending EngineerElectricity DepartmentDated at Port Blair, the 20th May, 2003 Copy to: 1. The Deputy Commissioner (Andaman), Andaman District, Port Blair. 2. The Deputy Commissioner (Nicobar), Nicobar District, Car Nicobar. 3. The Publicity Officer, Director of IP & T, A & N Administration, Port Blair with two copies for arranging to publish the press note in local dailies.;