Kamelia Choudhury v. Wbsedcl And ORS

09.06.2022 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 9533 of 2022 Kamelia Choudhury Vs.

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Dipayan Kundu ... for the petitioner Mr. Sujit Sankar Koley ...for the WBSEDCL Affidavit-of-service filed in Court today be kept on record.

Learned counsel appearing for the petitioner prays that the high-tension line going over the petitioner's property may be shifted to some other alternative location, since the petitioner is a patient of cerebral palsy and has ninety percent disability, a certificate regarding which has been annexed to the writ petition, and it is not being possible for the petitioner to construct a building on her plot.

Learned counsel appearing for the WBSEDCL submits, on instruction, that the high-tension line-inquestion is existing at its present location since long back, much prior to the property being gifted to the petitioner by her father.

That apart, at least thirty villages and one hundred submersible pumps have been connected via the said high-tension connection and, in the absence of availability of any alternative suitable route, there is no scope of shifting the line.

In view of the aforesaid predicament of the distribution licencee, there is no scope of interference in the present writ petition.

Moreover, the petitioner became the owner of the property much after the line was installed and, as such, there is no scope of encroachment on the right of the petitioner and/or objection being raised by the petitioner at the relevant juncture when the line was first installed.

Accordingly, W.P.A. No. 9533 of 2022 is dismissed without, however, any order as to costs.

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

(Sabyasachi Bhattacharyya, J.)