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Chattisgarh High Court
Smt. Sunita Tiwari vs State Of Chhattisgarh on 17 July, 2025
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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.
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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 : Ms. Nupur Trivedi, PL
For Respondent No. 2 to 11 : 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
3connection 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
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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
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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
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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
Digitally signed
by SUGUNA
SUGUNA DUBEY
DUBEY Date:
2025.07.19
12:18:55 +0530
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