Electricity Is Essential Commodity & Living Without Same Amounts To Deprivation Of Meaningful Civilized Living: Calcutta High Court
The Calcutta High Court was considering an appeal against an order passed in a writ petition which was filed for restoration of electric supply.
While refusing to interfere with an order restoring electricity supply of the litigants, the Calcutta High Court has held that electricity is an essential commodity and living without the same amounts to deprivation of a meaningful civilised living.
The High Court was considering an appeal against an order passed in a writ petition which was filed for restoration of electric supply. The supply was disconnected by the CESC because water was percolating to the existing meter board position.
The Division Bench of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee held, “After hearing the rival contentions of the parties, we are not inclined to interfere with the restoration of electricity to the persons in occupation. Electricity is an essential commodity. The right to live in a healthy and dignified manner, has been guaranteed by our constitution. In modern times, living without electricity amounts to deprivation of a meaningful civilized living.”
Advocate Aniruddha Chatterjee represented the Appellant while Advocate Biswaroop Bhattacharya represented the Respondent.
Factual Background
As per CESC, the supply was disconnected to prevent any kind of fire or electrification. By the impugned order, the Single Judge directed the CESC authorities to restore connection to the writ petitioners, in the event the writ petitioners applied for connection before the CESC authorities in requisite form. CESC was directed to make available the quotation for the petitioners to deposit the costs and charges within two working days. Once, such deposit was made, CESC authorities were directed to forthwith take steps and employ men and machinery so as to enable the repairing job of the dilapidated meter board/wall by the writ petitioners. The petitioners were also granted liberty to set up a separate meter board adjacent to the existing meter board position on the outer wall, in consultation with the CESC authorities.
The Court was informed that the electricity supply was already restored by the CESC to the writ petitioners as also to others who had approached CESC.
Reasoning
The Bench was of the view that living without electricity amounts to deprivation of a meaningful civilised living. Considering that the appeal was restricted to the issue of restoration of electric supply to those persons who were originally enjoying supply or had subsequently come in occupation of the premises, the Bench clarified that the status of the occupants would not be decided in the instant proceeding.
“Secondly, restoration of electric supply to the persons in occupation of the premises can never create any right or equity in their favour and shall be subject to the proceedings initiated by the Kolkata Municipal Corporation or pending before civil court, as the case may be”, it held.
The Bench thus disposed of the appeal with such observations and findings.
Cause Title: Sri Avijit Singha Roy & Anr. v. M/s. GTS Constructions & Ors. (Case No.: MAT 1386 of 2026)
Appearance
Appellant: Advocates Aniruddha Chatterjee, Sumitava Chakraborty, Basudeb Patra, Bratati Pramanick, Abirlal Chakraborty
Respondent: Advocates Biswaroop Bhattacharya, Debnath Ganguly, Aranya Saha, Supriyo Dutta, Pratik Majumder, Priyabrata Thakur, Sreetama Biswas, Snehasish Dey, Debanjan Mukherjee, Subhajit Chatterjee, Additional Govt Pleader Tapas Kr. Chatterjee, Advocates Suman Banerjee, Sailen Naskar