Amitava De Bhowmick And ANR. v. The Calcutta Electric Supply Corporation Limited And ORS.

OD-6 ORDER SHEET WPO No. 1007 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE AMITAVA DE BHOWMICK & ANR.

VS THE CALCUTTA ELECTRIC SUPPLY CORPORATION LIMITED & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 25th November, 2024.

Appearance:

Mr. Kushal Chatterjee, Adv.

Mr. Abhimanyu Bannerjee, Adv.

Mr. Anirban Basak, Adv.

...for the Petitioners.

Mr. Debanjan Mukherjee, Adv.

...for CESC Ltd.

Mr. Alak Kr. Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

... for the KMC.

1.

The report of the Senior Engineer (Mains), Calcutta Central District, CESC Ltd. dated 22nd November, 2024 is taken on record. 2.

The finding of the inspection mentions that the pillar box in question has been installed on the municipal passage. The net work is completely underground and there is no scope for obstruction of vehicular movement. Shifting of the underground distributor cable route from the present locale is not feasible as the said cable caters to a large number of consumers adjoining the area other than 52/1, S. N. Banerjee Road, Kolkata- 700 014. The main distributor cable was laid sometime before 2009. No alternative location could be identified for shifting. Decommissioning of the network or removal of the underground cables

from the present locale would lead to complete shutdown of electricity supply to a large number of consumers in and around the adjoining area.

3.

In view of the technical issue that has cropped up, the prayer of the petitioners seeking shifting of the pillar box cannot be allowed. 4.

The writ petition fails and is hereby dismissed. 5.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm