Mosharof Hossain v. Wbsedcl And ANR

AD-08 Ct No.09 05.09.2023 TN WPA No. 14492 of 2023 Mosharof Hossain Vs.

The WBSEDCL and another Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Neha Singh .... for the petitioner Mr. Srijan Nayak, Mrs. Rituparna Maitra .... for the WBSEDCL

1. The petitioner submits that the petitioner seeks to operate a submersible pump and applied for electricity connection for such purpose.

2. Learned counsel for the WBSEDCL, on instruction, submits that about eight electricity poles are required to be installed to give connection to the petitioner solely.

3. Hence, huge expenses will be incurred. It is further submitted that the WBSEDCL could have undertaken the project at its own cost if the total expenditure was below Rs.2 lakh. However, since the costs estimated by the WBSEDCL much exceed the said amount, it is not possible for the WBSEDCL to bear the amount.

4. Although under normal circumstances it is for the Distribution Licensee which has exclusive distribution rights over a particular area to ensure that all nooks and corners of the area are connected with electricity, the said concept is a bit idealistic, keeping in view the ground realities in India. As such, unless the petitioner bears the costs for giving such connection, the WBSEDCL cannot be compelled to give such connection to the petitioner.

5. Accordingly, WPA No. 14492 of 2023 is disposed of by granting liberty to the petitioner to pay the costs as estimated by the WBSEDCL, which estimate shall be raised and communicated to the petitioner by the WBSEDCL within a fortnight from date, upon which the WBSEDCL shall give the electricity connection to the petitioner at the earliest, positively within four weeks from the date of compliance of such formalities.

6. There will be no order as to costs.

7. 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.)