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2001 DIGILAW 98 (CAL)

Banamali Chowdhury v. West Bengal State Electricity Board

2001-02-22

Barin Ghosh

body2001
JUDGMENT Barin Ghosh, J.: In the instant case, Rule in terms of prayers (b) and (c) was issued with a direction upon the respondents to file an affidavit. The respondents have not filed any affidavit. On behalf of the W.B.S.E.B., Mrs. Neela Chakraborty, who appeared on 22.11.2000, is not present in court today. She has informed Mrs. M. Bhattacharyya that the has not received any instruction from the WBSEB. 2. The petitioner has applied for supply of electricity. The WBSEB is agreeable to supply such electricity to the petitioner provided the petitioner pays a sum of Rs. 86,396/- of which a sum of Rs. 84,671/- has been claimed for installation of a transformer. Under the Conditions of Supply of the Board, the Board can demand payment of cost for laying the service line. That is also commensurate with clause (VI) of the Schedule to the Indian Electricity Act, 1910. Clause (1) of section 2 of the said Act defines 'service line'. Such definition does not include a transformer. The expression 'electric supply line' has been defined by clause (1) of section 2 of the said Act. In terms of the said definition, a transformer is part of the electric supply line. A distinction, therefore, has been made by the legislature between the 'service line' and 'electric supply line'. While electric supply line includes transformer, service line does not include a transformer. In terms of clause (VI) of the Schedule to the said Act, the WBSEB is entitled to demand cost of laying the service line and not the electric supply line. That is also the Conditions of Supply of the WBSEB. In that view of the matter, the Rule is made absolute and the demand of the W.B.S.E.B. to the extent of Rs. 84,671/- for installation of a transformer pays a sum of Rs. 86,396/ -less a sum of Rs.84,671/-, the W.B.S.E.B. shall give supply of electricity to the petitioner within fifteen days from the date of such deposit. 3. This writ petition is, thus, disposed of. 4. Let an urgent xerox certified copy of this order, if applied for, be delivered to the learned Counsel, for the petitioner. Writ petition disposed of.