Samir Ranjan Kunar v. The Wbsedc Ltd And ORS

AD-38 Ct No.09 19.04.2023 TN WPA No. 26938 of 2022 Samir Ranjan Kunar Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Sakya Maity, Mr. Subhas Jana .... for the petitioner Mr. P. Das .... for the WBSEDCL Mr. Debjit Mukherjee, Ms. Susmita Chatterjee ....for the State Learned counsel for the petitioner submits that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) is insisting upon production of a SWID certificate for giving new electricity connection to the petitioner for the purpose of operating the petitioner's pump.

It is seen from the records as well as learnt from the submissions of the parties that previously, an opportunity was given to the WBSEDCL to produce a copy of the Gazette Notification indicating that the zone-in-question is a critical/semi-critical zone. However, learned counsel for the WBSEDCL submits today that no Gazette Notification in that regard has been traced out. As such, as the position

remains as of today, there is no Gazette Notification produced on behalf of the WBSEDCL to insist upon a SWID certificate on the assertion that the area, for which the petitioner seeks electricity connection, is either a critical or a semi-critical zone.

Hence, such insistence of the WBSEDCL is misplaced.

Accordingly, WPA No. 26938 of 2022 is allowed, thereby directing the WBSEDCL to give a new electricity connection to the petitioner as per the petitioner's application, subject to compliance of all other formalities apart from the production of SWID certificate. Such connection shall be given within a fortnight from the date of compliance of such formalities or from this date, whichever is later. 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.)