Forida Bibi v. Wbsedcl And ORS

Form No. J.(2) Item No. 4

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 05.08.2024 DELIVERED ON: 05.08.2024

CORAM:

THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA M.A.T. 2147 of 2023 With I.A. No. CAN 1 of 2024 Forida Bibi.

Vs.

The West Bengal State Electricity Distribution Company Ltd. & Ors.

Appearance:- Mr. Asim Kumar Niyogi Mr. Vaskar Pal .........for the appellant Mr. Srijan Nayak Ms. Rituparna Maitra ......for the WBSEDCL

JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal by the writ petitioner is directed against the order dated 22nd August, 2023 in W.P.A. 18423 of 2022. The appellant filed the writ petition contending that she is suffering immensely due to the high-tension line running over the property and she is unable to develop the property. The learned writ Court, upon considering the submissions of the parties found that the writ petitioner had purchased a land much after the high-tension line

was installed. In other words, the writ petitioner was aware about the existing line.

2. In any event, the respondent viz., WBSEDCL was agreeable to shift the line, provided the necessary charges are deposited by the writ petitioner, as estimated by the WBSEDCL.

3. Thus, we find there is no error in the order passed by the learned Single Bench for us to interfere.

4. Accordingly, the appeal and the connected application (I.A. No. CAN 1 of 2024) are dismissed.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.) Pallab/Krishnendu AR(Ct.)