Ashoke Kumar Pal v. The West Bengal State Electricity Distribution Company Limited And ORS

17.04.2025 Sl. No.26 Ct. No.15 S.A.

WPA 3849 of 2025 Ashoke Kumar Pal -vsThe West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Chittapriya Ghosh Ms. Priyanka Saha ...for the petitioner Ms. Suvasree Ghose ...for WBSEDCL Mr. Amlan Jyoti Sengupta ...for respondent nos.5 to 9 It is undisputed that the petitioner had been receiving an electricity connection at his residence in Village Tilipara, Post Office Kamnagar, District Murshidabad. However, the electricity line was disconnected in 2024 by the West Bengal State Electricity Distribution Company Limited (WBSEDCL) for the purpose of upgrading the cable infrastructure. WBSEDCL has submitted a report, which indicates that the petitioner's electricity connection could not be reinstated because of resistance from the local residents.

The private respondents are represented, and it is submitted that in order to restore the electricity connection, the cable wire was drawn across their land.

Since the petitioner had been receiving electricity for the past ten years, there appears to be

no valid reason to object to the restoration of the connection.

Accordingly, I direct WBSEDCL to restore the electricity connection to the petitioner's premises within one month from the date of communication of this order. The officers of WBSEDCL shall be provided police assistance from Shaktipur Police Station, at the petitioner's expense.

However, it is clarified that if the land of the private respondents is required for the restoration of the electricity connection, the private respondents are entitled to approach the District Magistrate of Murshidabad to seek compensation or an annual rent in accordance with Rule 3 of the Works of Licensee Rules, 2006. Should the private respondents submit such a representation within one month from the date of this order, the District Magistrate shall consider it after providing an opportunity for hearing to the petitioner, the representatives of WBSEDCL, and the private respondents.

It is further clarified that the District Magistrate's adjudication will be limited solely to determining the appropriate amount of compensation or annual rent, or both, which the licensee shall pay to the private respondents.

Accordingly, WPA 3849 of 2025 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)