Jharna Mondal v. Cesc Ltd And ORS

13.12.2021 TN WPA No.14525 of 2021 (Via video conference) Jharna Mondal Vs.

CESC Limited and others Mr. Sudip Ghosh Chowdhury, Mr. Argha Das, Mr. Abhishek Bose .... for the petitioner Mr. Debanjan Mukherji ....for the CESC Limited Mr. Rajat Dutta ....for the private respondent When the matter is called on for hearing, a report is filed on behalf of the CESC Limited, which inter alia discloses that in view of the attending safety considerations, the existing electric meter has to be shifted to an alternative location within the premisesin-question in order to give a new connection to the petitioner, although the petitioner is otherwise entitled to such connection as an occupier.

Learned counsel appearing for the private respondent submits that the primary objection of the

private respondent was that the new connection has been sought in a meter board location, which is situated within the kitchen of the private respondent, which will cause the privacy of the said respondent to be hampered in the event the petitioner's meter is also installed.

However, learned counsel for the CESC Limited clearly indicates that the CESC has already inspected and demarcated a different portion in the same premises, where the electric meter can be shifted for the safety of all.

Learned counsel for the petitioner submits that the petitioner has no issue with regard to bearing the cost necessary to be borne by the applicant at the time of shifting such meter and/or giving new connection.

In view of such fair stand having been taken by the parties, WPA No.14525 of 2021 is disposed of by directing the CESC Limited to give new connection to the petitioner at 4/5, Lal Bahadur Sastri Road, Kolkata - 700 078, upon shifting the existing meter board to a safe location within the premises, by treating the submissions of learned counsel for the private respondent made today and recorded in this order to be a "no objection" given by the said private respondent to such shifting. Such new connection

shall be given by the CESC Limited subject to compliance of all due formalities and the petitioner bearing the necessary costs which are payable on the shifting of meter by an applicant.

Such reconnection shall be given by the CESC Limited as expeditiously as possible, positively within four weeks from date upon taking necessary steps in the meantime with regard to shifting of the existing meter, subject to compliance of all formalities by the petitioner.

In the event any obstruction is raised by any quarter in such shifting of meter, and giving new connection, the CESC personnel will be at liberty to approach the respondent no.4 herein, that is, the Inspector-in-Charge, Garfa Police Station for adequate police assistance in that regard.

If so approached, the police will give necessary help in that regard at the cost of the petitioner. There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)