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Calcutta High CourtWPA/2530/2023disposed

Meera Mahato v. The Chairman, West Bengal State Electricity Transmission Company Limited And ORS.

2023-11-23Hon'Ble Justice Shampa Sarkar3 pages

23.11.2023 Sl. No.36 srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE W.P.A. No. 2530 of 2023 Meera Mahato

Versus

The Chairman, West Bengal State Electricity Transmission Company Limited & Ors.

Mr. Deborshi Dhar ....for the Petitioner.

Mr. Sidipta Kanta Bhowmik, Mr. Anirban Banerjee, Ms. Dipti Bhowmik .....for the WBSETCL Mr. Sudip Kumar Paul ...for the respondent No.4.

Mr. Banerjee, learned Advocate, who usually appears on behalf of the West Bengal Distribution Company Limited, is requested by this Court to appear in this matter. His appearance be regularized.

The writ petition is lacking in material particulars. The petitioner alleges that a high-tension line carrying 33,000 volts of electricity was damaged and sparks from the fire which broke out, fell within the residential premises of the petitioner, thereby, causing major damage to the electrical appliances.

The petitioner has not mentioned the area through which the high-tension line is passing, apart from the fact that the incident occurred near his residence at Matigara. The petitioner is granted liberty to approach the West Bengal State Electricity Distribution Company Limited, Matigara Customer Care Centre for immediate steps to ensure that the said high-tension line is fixed properly and as per safety norms. If such high-tension line has been laid by the transmission company, the distribution company shall forward the application to the transmission company so that effective steps can be taken by the concerned authority to prevent further accidents, damage or snapping of the high-tension line, as alleged by the petitioner.

It is submitted that the line runs very close to the petitioner's boundary wall and there is always an apprehension of electrification. The petitioner also submits that he is willing to pay the cost for removal of the said line if the concerned authority so decides.

The factual aspects which have been urged by the petitioner, cannot be gone into by this Court. The correctness of such contention can only be assessed by the concerned authority.

The petitioner shall file a detailed representation with material particulars within a period of two weeks from date and the West Bengal State Electricity Distribution Company Limited or the West Bengal State Electricity Transmission Company Limited, as the case may be, shall take necessary decision and pass a reasoned order communicating the same to the petitioner within a period of three months from the date of receipt of the petitioner's representation.

This Court has not gone into the merits of the claim of the petitioner and the authority concerned shall decide the matter in accordance with law.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

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

(Shampa Sarkar, J.)