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Calcutta High CourtWPA/794/2023allowed

Sanjit Das v. The West Bengal State Electricity Distribution Company Ltd And ORS

2023-01-24Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

24th January, (AK) W.P.A 794 of 2023 Sanjit Das Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Suddhadev Adak Ms. Aroita Mondal ...for the petitioner.

Mrs. Gopa Roy ...for the WBSEDCL.

Mr. Gourav Das Mr. M. Mondal ...for the State.

The petitioner, being a resident of a property, has applied for a new electricity connection.

However, no such connection has yet been given by the WBSEDCL.

Learned counsel appearing for the Distribution Licensee, that is, the WBSEDCL contends, on instruction, that the petitioner has sought a residential cum commercial connection of about 62 KW.

However, the necessary lines for providing such electricity load to the petitioner could not be installed due to stiff resistance of certain people of the neighborhood, who have also given a mass petition in that regard. Learned counsel for the WBSEDCL submits that, upon inspection, it was seen that the necessary

connection has to be given over a PWD road and not over any private person's property.

Moreover, some part of the said connection has to be taken over the property of the local Panchayat. Since the alleged objectors have sought to prevent the electricity connection from being given to the petitioner merely on the premise that it would cross their lands, which is negated by the survey of the WBSEDCL itself, there cannot be any valid reason why the petitioner should be deprived of the electricity connection as applied for.

Hence, WPA 794 of 2023 is allowed, thereby directing the WBSEDCL to give electricity connection to the petitioner as applied for by the petitioner, subject to compliance of all formalities, as expeditiously as possible, positively within four weeks from date, subject to compliance of formalities by the petitioner.

In the event any resistance is faced by the WBSEDCL personnel in installing the necessary apparatus and giving such connection to the petitioner, the WBSEDCL personnel shall be at liberty to approach respondent no.5, that is, the Officer-in-Charge of the Goghat Police Station, Hooghly.

If so approached, respondent no.5 shall act on the server copy of this order and provide such assistance to the WBSEDCL personnel at the cost of the petitioner.

In the event certain people in the locality have an objection to the electricity line of the petitioner, it will be open to such objectors, subsequent to the installing of the line, to approach the concerned District Magistrate for resolving the dispute.

However, nothing in the last observation above shall prevent the WBSEDCL personnel from complying with the direction above and giving such connection to the petitioner within four weeks from date.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)