SRI CHANDU KHAMARU versus SMT. NAYAN MALIK & ORS.

SRI CHANDU KHAMARU versus SMT. NAYAN MALIK & ORS.

Pending the resolution of the civil dispute over passage, appellant cannot be denied electricity supply; distribution licensee must seek alternate route, or if unavailable, follow statutory process under s.67(2) of the Electricity Act, 2003.

Parties
Appellant: Sri Chandu Khamaru; Respondents: Smt. Nayan Malik & Ors.
Jurisdiction
India
Judgment Date
02 September 2011
Procedural Posture
Civil Appeal / Appeal Against Order of Calcutta High Court Division Bench
Outcome
Appeal allowed
Legal Topics
Distribution Licensee's Duty, Supply of Electricity, Statutory Rights, Access and Passage Dispute
Electricity Law Distribution Licensee's Duty Supply of Electricity Statutory Rights Access and Passage Dispute

Case Brief

Summary, issues, holding and outcome

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Parties

Sri Chandu Khamaru

Appellant

Smt. Nayan Malik & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Order of Calcutta High Court Division Bench

Legal Issues

  1. 1 Whether the appellant has a statutory right to obtain electricity supply despite disputes regarding passage for electric lines
  2. 2 Whether supply of electricity can be denied pending civil dispute about passage

Ratio Decidendi

Pending the resolution of the civil dispute over passage, appellant cannot be denied electricity supply; distribution licensee must seek alternate route, or if unavailable, follow statutory process under s.67(2) of the Electricity Act, 2003.

Court Disposition

Appeal allowed

Orders

  • Order of Single Judge and Division Bench set aside
  • Distribution licensee to find alternate route for electric line; if none, follow statutory procedure under Electricity Act, 2003 s.67(2)