C.W.P. No.5355 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.5355 of 2011 Date of Decision.19.09.2011 Bishan Singh son of Sant Singh, resident of House No.2515, Second Floor, Phase XI, SAS Nagar, Mohali .....Petitioner Versus State of Punjab through its Secretary, Department of Power and Electricity, Punjab Civil Secretariat, Chandigarh and others .....Respondents Present: Mr. Ashwani Gaur, Advocate for the petitioner. Ms. Rajni Gupta, Addl. A.G., Punjab. Ms. Madhu Daryal, Advocate for respondent Nos.2 and 3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. Learned counsel for the State states that they have no independent counter to file. Learned counsel for the petitioner points out to the fact that the petitioner as a riot victim had entered into the flat and the proposal for regularizing the possession is under way. This Court has already passed an order in C.W.P. No.22312 of 2010 to take action as per the State Policy and make a firm allotment in terms of the policy to the petitioner. 2. The grievance of the petitioner is that the electricity connection has not been given although such connection has been given to another occupant of same complex of apartments and who has occupied in a similar fashion. Even otherwise, in my view, electricity is C.W.P. No.5355 of 2011 -2- a basic amenity and proof of possession is sufficient for Electricity Board to release service connection without minding the issue of title. The new dispensation under Section 43 of the Electricity Act, 2003 shall be that the electricity connection shall be given if there is a definite proof of possession and the Electricity Board shall be at liberty to secure appropriate indemnity for any contingency of the petitioner being evicted from the property by original owner or when the property is not finally allotted to the petitioner under the State Scheme for rehabilitation of riot victims. The respondent Nos.2 and 3 shall give the electricity connection on payment of appropriate charges and after securing the indemnity as provided by the relevant Regulations within a period of six weeks from the date of receipt of copy of the order. 3. The writ petition is disposed of with above observations. (K. KANNAN) JUDGE September 19, 2011 Pankaj*