Aparna Bera v. West Bengal State Electricity Distribution Company Limited And ORS.

02-01-2025 Item No.3 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.29280 of 2024 Smt. Aparna Bera -vsThe West Bengal State Electricity Distribution Company Limited & Ors.

Mr. J.B. Roy Mr. Z. Haque Mr. K.C. Saha ...for the petitioner Mr. Srijan Nayak Ms. Rituparna Maitra ...for the licensee Mr. Soumen Dutta Mr. Subhas Dutta ...for the private respondent 1.

Affidavit of service filed in court be taken on record.

2.

The grievance of the petitioner is that the electricity connection for running her submersible pump has not been given till date despite an order passed by this court in her earlier writ petition. It has been pointed out that the place where the electric connection has been sought for falls within the safe zone and that the private respondent is already enjoying electric connection in the same zone.

3.

Learned counsel representing the licensee refers to the order passed by this court on July 8, 2022 in WPA No.11471 of 2022 (Smt. Aparna Bera v.

West Bengal State Electricity Distribution Company Limited & Ors.) and submits that there was a direction upon the licensee to give

electricity connection to the petitioner only after compliance of all formalities, including the production of a certificate from the relevant groundwater authority. The said certificate, however, has not been obtained by the petitioner till date.

4.

It has been pointed out by the petitioner that the said certificate will not be required in terms of the notification dated November 3, 2011 issued by the Water Resources Investigation and Development Department relied upon by the Geologist, Geological Sub Division No.ID, State Water Investigation Directorate and Member Secretary, DLGWRDA, Tamluk, in reply dated November 11, 2024 to an application made by the petitioner under the Right to Information Act, 2005.

5.

The notification has clearly mentions that for agricultural purpose in his/her own land in the safe category, electricity connection will be given without a permit from WBSEDCL.

6.

The petitioner asserts that the cultivation will be made in her own land.

7.

After hearing the parties and perusing the materials on record, I dispose of the writ petition directing the Divisional Engineer, WBSEDCL at Egra - the second respondent herein - to take all necessary steps for electrifying the petitioner's submersible pump in accordance with law, at the earliest, but positively within a period of four weeks from the date of communication of this order.

8.

In the event the petitioner is required to comply with any other formality, the same shall be intimated to the petitioner within one week from

the date of communication of the order.

9.

WPA No.29280 of 2024 is thus disposed of.

10.

All parties are to act on the server copy of this order duly downloaded from the official website of this court.

11.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]