Calcutta High CourtWPA/22452/2023disposed

Chandan Basu v. Cesc Limited And ANR.

2023-11-16Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

D/L. 3.

November 16, 2023.

MNS.

WPA No. 22452 of 2023 Chandan Basu Vs.

CESC Limited and another Mr. Bidyut Kumar Halder, Mr. Indranil Halder ... for the petitioner.

Dr. Madhusudan Saha Roy ...for the CESC Limited.

1. Learned counsel for the petitioner submits that the petitioner is a tenant in respect of the property and seeks an independent electricity connection, to which the CESC Limited has no objection in principle.

2. Learned counsel for the CESC Limited, however, submits that the electricity meters standing at the premises are at a precarious position, due to absence of any meter shed to protect the meters from the vagaries in nature.

3. However, the issue pointed out by the CESC Limited has no nexus with the right of the petitioner to obtain an independent electricity connection. Since such an application has been made, the CESC Limited is duty-bound to give the same, subject to compliance of

formalities by the petitioner. If necessary, the CESC Limited shall definitely be at liberty to take appropriate steps for ensuring safety and security measures, by writing duly to all the consumers, including the petitioner, at the time of giving electricity connection or subsequently.

4. Accordingly, WPA No. 22452 of 2023 is allowed, thereby directing the CESC Limited to give electricity connection to the petitioner in the petitioner's name at the premises subject to compliance of formalities by the petitioner within a fortnight from date.

5. It is made clear that the CESC Limited shall be at liberty, independently of the above order, to take necessary measures for ensuring safety and security of the premises from electrical hazards, if necessary by writing duly to all the consumers, including the petitioner, for the purpose of the latter taking measures to ensure such safety and security.

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.)