M/S Paras Parvati Realty Private Limited v. West Bengal State Electricity Distribution Company Ltd. And Others

25-08-2021 sl. no. 31 tkm/ct. 8 WPA 2627 of 2021 M/s. Paras Parvati Realty Pvt. Ltd.

Versus

WBSEDCL & Ors.

(Through Video Conference) Mr. B Jain ... for the petitioner Mr. Jahar Datta Mr. Jaladhi Das ... for the State Ms. Sonal Sinha ... for WBSEDCL Petitioner seeks new electricity connection.

Learned advocate for the Distribution Company submits that the application of the petitioner was considered. On inspection, the Distribution Company found that the building is ground plus four floors. She submits that the sanction was in respect of only G+3 floors.

On a query from the court, learned advocate for the petitioner submits that, the sanction plan is in respect of the G+3 floors only.

In such circumstances, since there is an additional floor which is beyond the sanction, the question of granting electricity connection to the petitioner does not arise. Petitioner cannot be allowed to enjoy the usufructs of an illegality. The Distribution Company is directed to inform the relevant municipal authorities

about the construction at the locale. The municipal authority will initiate appropriate proceedings against the petitioner in the event, it is found that there is any unauthorized construction. The Distribution Company will make such communication within seven days from date.

WPA 2627 of 2021 is disposed of accordingly.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(DEBANGSU BASAK, J.)