Purnendu Sekhar Maity v. Wbsedcl & ORS

07.02.2022 TN WPA No.21113 of 2017 Sri Purnendu Sekhar Maity Vs.

West Bengal State Electricity Distribution Company Limited and others (Via Video Conference) Mr. Goutam Banerjee, Mr. Ratan Kumar Das .... for the petitioner Mr. S.S. Koley .... for the WBSEDCL Learned counsel for the petitioner submits that the petitioner is agreeable to take the consent of 14-15 members in the locality for the purpose of shifting the high-tension electric line existing over the petitioner's building to an alternative route.

Learned counsel for the Distribution Licensee submits that, in terms of Rule 82 of the Indian Electricity Rules, 1956, such shifting has to be done at the cost of the person seeking the same.

Be that as it may, since the petitioner agrees in principle to approach his neighbours for the purpose of obtaining consent, there is no use in keeping the writ petition pending.

Accordingly, in the light of the above observations, WPA No.21113 of 2017 is disposed of by granting the petitioner liberty to re-approach the Distribution Licensee for shifting of the high-tension line-in-question in the event the petitioner is able to obtain consent of the requisite number of people in the locality in that regard. If so approached, subject to compliance of all formalities and payment of necessary costs as assessed by the Distribution Licensee by the petitioner, the Distribution Licensee shall take immediate steps for shifting of the line.

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.)