Calcutta High CourtWPA/22463/2023disposed

Gopal Gupta And ANR. v. Wbsedcl And ORS.

2024-06-24Hon'Ble Justice Shampa Sarkar2 pages

24.06.2024 Sl. No.40(DL) srm W.P.A. No. 22463 of 2023 Gopal Gupta & Anr.

Versus

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Lakshminath Bhattacharya ...for the Petitioners.

Mr. Sujit Sankar Koley ...for the WBSEDCL.

1. Despite service, none appears on behalf of the West Bengal State Electricity Distribution Company Limited. Affidavit-of-service is taken on record.

2. Mr. Sujit Sankar Koley, learned Advocate, who usually appears on behalf of the West Bengal State Electricity Distribution Company Limited (in short WBSEDCL) is requested to appear in this case on behalf of the WBSEDCL. His appointment shall be regularised.

3. The petitioners pray for shifting of a high tension line. The petitioners are willing to pay the cost of shifting.

4. It is contended that the high tension line runs through the petitioners' premises.

5. However, it is an admitted fact that the high tension lines were existing before the petitioners purchased the property.

6. The writ petition is disposed of, directing the appropriate Divisional Manager, WBSEDCL to treat the writ petition as a representation of the petitioners and dispose of the same in accordance with law. The possibility of shifting of the high tension line or in case the same cannot be shifted, the possibility of raising the height of the high tension lines so that the petitioners do not suffer from any health hazard shall be explored. The land should be made usable and necessary steps must be taken by the authority to see that the petitioner can construct on the land by maintaining the safety regulations.

7. A hearing shall be given to the petitioners and a reasoned order shall be passed and communicated to the petitioners.

8. The entire exercise shall be completed within a period of three months from the date of communication of this order.

9. The writ petition is, thus, disposed of.

10. There shall be no order as to costs.

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

(Shampa Sarkar, J.)