Sabjan K. vs Executive Engineer, Electricity Department, Lakshadweep, Kavaratti, Pin 682555

Amit Rawal, J

Order dated 03.03.2022 Ext.P8 of the Executive Engineer (Electrical), Union Territory of Lakshadweep resulting into issuance of temporary electric connection to the petitioners has been assailed in the present writ petition.

Previously the petitioners had preferred a writ petition bearing W.P.(C) No.4247 of 2015 challenging the communication issued by the Executive Engineer in response to the request made by the petitioners for electric connection to their property in Bangaram Island in Lakshadweep. Stand of the respondents was that there are only ten(10) inhabitant islands in the Union Territory of Lakshadweep and Bangaram is not one among them and therefore they are not in a possession to supply the electric connection to the petitioners on commercial basis.

Noticing all the facts, this Court vide judgment dated 16.10.2017 disposed of the writ petition by holding that there cannot be discrimination between two sets of inhabitants for the purpose of supply of electricity to one, to the exclusion of other and quashed the communication Ext.P4 by issuing directions to the contesting respondents therein to consider the applications submitted by the petitioners for supply of the electric connection to the property in Bangaram Island and pass a fresh order within a period of three weeks from the date of receipt of the copy of the judgment after affording hearing to the petitioners. The aforementioned order was assailed before the Division Bench by contesting respondents vide Writ Appeal bearing No. 1048 of 2018. The Division Bench of this Court vide judgment dated 10.08.2020, while concurring with the judgment of the Single Bench, directed the administration to consider the application submitted by the individual respondents/petitioners herein fresh, by making it clear that the supply of the electricity, if allowed by the administration, would not confer any right over the property or the buildings which otherwise was not available as it was a permissive possession. As regards fixing of the tariff, it was made clear that the appellants therein should fix a tariff and only if petitioners herein accept, be provided with the electric connection.

The respondents vide impugned order dated 3.3.2022 Ext.P8 have issued a temporary connection. Learned counsel for the petitioners submits that there was no direction by the Division Bench or by the Single Bench to issue a temporary connection. It is the predominant duty of the respondents to provide basic needs necessary, like electricity and other facilities. Even though three generators have been installed at Bengaram Island by spending crores of rupees by the Central Government, the benefit is not extended. Respondents are adopting dichotomous approach by adopting a pick and choose policy.

Learned counsel for the respondents opposed the aforementioned prayer and submitted that the claim of permanent electric connection as raised in the writ petition is just an extension of an attempt for ownership. There are no permanent residence in Bangaram Island and only personal residing are the staff of the SPORTS, the Society established for conducting the tourism activities, which directly falls under the jurisdiction of the administration. There are three diesel generators installed to generate power for tourism activities. The Electricity Department is merely maintaining the said generators and running the power supply network and is not a licensee under the Electricity Act, 2003. For providing electricity to the tourism activities, residential staffs, BSNL towers, mosques etc., SPORTS has entered into an agreement with the Department of Electricity on actual cost basis. Only one generator is under the ownership of the Government and three others have been purchased from the funds of SPORTS. All the electric connections have been granted based upon the agreement with the SPORTS and there is no permanent connection in the Bangaram.

I have heard learned counsel for the parties and appraised the paper books and of the view that there is no force and merit as the connection has been issued in compliance with the judgment of Single Bench and Division Bench of this Court. Possession of the petitioners concededly is permissive. Petitioners can evicted by adopting a remedy in accordance with law. Even the temporary connection at the tariff fixed by the Electricity Department cannot be questioned at the whims and fancies of the petitioners. It would be appropriate to extract paragraph Nos.9 and 10 of the judgment of the Division Bench of this Court in W.A.No.1048 of 2018, which reads as under:

“9. We agree with the learned Single Judge that the order cannot be upheld on the reasons stated therein of the island being uninhabited. In such circumstances, we have to necessarily direct the Administration to consider the respondents application submitted by tho individual respondents, afresh. However, it is made clear that the supply of electricity, if allowed by the Administration, would not confer any right over the property or the buildings, which otherwise is not available. It has to be observed that the respondents are only permissive occupants and their claim can subsist only till such permission is extended. It is also made clear that the appellants, considering the cost of generation and supply of electricity, could fix a tariff and only if the respondents/writ petitioners accept the same, they can be provided with the electricity connection.

The respondents have a contention that in all other Islands electricity is provided with a subsidised tariff. However, since in Bangaram there is only tourism activity and the respondents have been granted permissive occupation of lands for the purpose of agriculture, the Administration has sufficient elbow room insofar as the tariff at which supply can be made. We may necessarily have to give such elbow room to the Administration especially when tourism is the main stay of the lsland and there are no permanent residents therein.

We, for all the reasons stated above, allow the appeal in part reversing the finding of application of Electricity Act 2003 to Bangaram Island, but affirm the setting aside of the impugned order with a direction to consider the application afresh, in accordance with our directions. No order on costs.”

Petitioners cannot turn around to challenge the tariff as now sought to be done under the grab of issuance of temporary connection. I do not find any illegality in the order to form a different opinion.

Writ petition stands dismissed.