Saurabh Gupta @ Saurabh Kumar Gupta v. Cesc Limited And ANR.

Item No.20 21.08.2024 Court. No. 9 GB W.P.A. 11458 of 2024 Saurabh Gupta @ Saurabh Kumar Gupta Vs.

CESC Limited & Anr.

Mr. Indralin Halder ... for the Petitioner.

Mr. Debanjan Mukherjee ... for the CESC.

1. Perused the report filed by the District Engineer, Calcutta Central, CESC Ltd. It appears that the petitioner's premises is situated in the middle of the ground floor of a building complex consisting of G+3 floors. The entire building has only shops. There are already 83 existing meters. Some of the shop owners are deriving supply from other meters. The petitioner was also enjoying supply from some other meter, but the supply was allegedly disconnected.

2. The learned advocate for the CESC limited submits that the petitioner relied on a deed of conveyance dated January 20, 2022, indicating that he had purchased the shop. The shop was pre-existing. Thus, the petitioner owns 145 sq. ft. in a congested market area. Individual loop meter cannot be granted to the petitioner as it is neither technically feasible nor safe. A large number of meters have already been provided in the said building. 10 such applicants who had applied for separate loop meter connections, were denied the same request. Regulation 18 of the West

Bengal Electricity Regulatory Commission (Recovery of Expenditure for Providing New Connections) Regulations, 2013, provides that block meters should be provided in extremely congested places like markets, bustees, etc. The said provision is quoted below:- "Regulation of the West Bengal Electricity Regulatory Commission (Recovery of Expenditure for Providing New Connections) Regulations, 2013 says:

Installation of Block Meters in extremely congested places like bustees, markets, etc.: In bustees, markets, etc. where it may not be possible to segregate one consumer from an adjacent consumer because of existence of a very large number of consumers in a relatively small premises, and where may arise fire and safety hazards, the licensee may effect supply of electricity to all the consumers / intending consumers through a suitably located common meter of adequate capacity, to be known as a Block Meter."

3. Thus, the petitioner can be provided new connection by installing a block meter at one of the existing common SVC.

4. Under such circumstances, no useful purpose will be served by keeping the writ petition pending. The petitioner may apply for a block meter along with those 10 applicants whose cases were rejected and the CESC authority shall take steps to do the needful, in accordance with law.

5. It is made clear, if nobody else wants to join the petitioner at this stage, the petitioner may apply for a block meter and CESC authorities can supply such

connection through a block meter, upon obtaining an undertaking from the petitioner that he will not object to grant of connections to others, from the said block meter.

6. Report of the CESC authority is taken on record.

7. Accordingly, the writ petition is disposed of.

8. However, there will be no order as to costs.

9. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)