Court says tenancy claims and local clearances cannot override danger to life and property at building already marked for demolition
Kolkata, Sept. 16: The Calcutta High Court has dismissed a writ petition filed by M/s. S.A. Printers and another party seeking a direction to CESC Limited to provide electricity connection to a premises at 121/4K, Manicktala Main Road, Kolkata, holding that no mandamus can be issued for a condemned and unsafe building.
Justice Om Narayan Rai ruled that although Section 43 of the Electricity Act, 2003 generally obliges a distribution licensee to supply electricity to an owner or occupier on application, that right is not absolute and must yield to considerations of safety and security of persons and property.
The petitioners claimed they were tenants in the premises and argued that they had already obtained clearance from the Kolkata Municipal Corporation after the entrance was allegedly blocked by garbage. They also relied on a no-objection communication from the police authorities and pointed out that a landlord’s eviction suit had earlier been dismissed for default. In addition, they said a civil court had granted them an injunction against dispossession except in accordance with law.
However, CESC opposed the plea, submitting that the building itself had already been ordered to be demolished by the Kolkata Municipal Corporation because of its dangerous condition. The private respondents also argued that the structure was severely dilapidated and posed a serious threat to life and property.
The High Court noted that a co-ordinate bench had earlier upheld the demolition order in a related matter, observing that a portion of the building had already collapsed and the remaining structure was in imminent danger of falling. The court quoted that a dilapidated and unsafe structure cannot be allowed to stand merely to preserve tenancy rights.
Justice Rai further observed that the handwritten endorsements relied upon by the petitioners on their representations did not inspire confidence. Even assuming those notes to be genuine, the court said, no relief could be granted in view of the dangerous condition of the premises.
Holding that a mandatory direction to supply electricity to such a building would be wholly unwarranted, the court refused to issue a writ of mandamus against CESC and dismissed the petition without costs.
Bottom Line :
Electricity Act, 2003 - Distribution licensee cannot be directed to provide electricity connection to a condemned and dilapidated premises which is liable to be demolished - Even if applicant claims tenancy and relies on municipal/police clearances, safety of human life and property prevails - No writ of mandamus can be issued in such circumstances.
Statutory provision(s): Section 43, Electricity Act, 2003, Article 226, Constitution of India, 1950
M/s. S.A. Printers v. CESC Limited, (Calcutta) : Law Finder Doc id # 2984382
