Kishore Kumar Mondal v. West Bengal State Electricity Distribution Company Ltd.
2019-02-04
ARINDAM MUKHERJEE, BISWANATH SOMADDER
body2019
DigiLaw.ai
JUDGMENT : Biswanath Somadder, J. 1. The appeal is treated as on day's list and taken up for consideration along with the connected application. 2. The instant appeal arises out of a judgment and order dated 12th June, 2018, passed by a learned Single Judge in W. P. 4434 (W) 2017 (Kishore Kumar Mondal vs. West Bengal State Electricity Distribution Company Limited & Ors.). 3. The only issue before the learned Single Judge was with regard to non-supply of electricity connection to the writ petitioner, being the appellant herein. At the time of final hearing of the matter, the learned Single Judge took into consideration an enquiry report of the concerned District Magistrate dated 13th February, 2018. 4. It appears that the District Magistrate, North 24 Parganas, took into consideration a joint inspection report prepared by the Assistant Engineer and Station Manager, Baguiati CCC, W.B.S.E.D.C.L. with the BL & LRO, Rajarhat Block, District North 24 Parganas. The contents of the said report had been forwarded by the Assistant Engineer and Station Manager, Baguiati CCC, W.B.S.E.D.C.L to the District Magistrate, North 24 Parganas, vide memo dated 12th February, 2018. Relevant portion of the joint inspection report is required to be noticed and is quoted here-in-below: - "But they have no objection if underground cable is laid to effect power supply connection to the Amiya and Prabhati Apartment. In that case total infrastructure cost for laying underground cable from transformer substation to respective apartments should have to be paid by the developer or promoter of the Amiya and Prabhati Apartment as per norms of W.B.S.E.D.C.L. Also Dhalai Road should be damaged at the time of laying underground cable. So necessary clearance is also required from respective department to lay the underground cable. It is also to be noted that drawing of LT Overhead line through that road by erecting PCC poles is technically possible and work can be completed with safety measures as per norms of W.B.S.E.D.C.L." 5. Considering the above, we are of the view that the concerned authority of West Bengal State Electricity Distribution Company Limited shall at first consider the possibility of drawing of LT Overhead line through the road by erecting PCC poles, subject to safety measures required to be put in place as per norms of the West Bengal State Electricity Distribution Company Limited.
Only when it is not possible to draw the LT Overhead line, laying of underground cable shall be considered as an alternative in order to provide supply of electricity to the appellant/writ petitioner. 6. The entire exercise, in terms of this order, shall be completed as expeditiously as possible, preferably within a period of six weeks, but not later than eight weeks from date of communication of a photostat certified copy of this judgment and order. 7. The impugned judgment and order dated 12th June, 2018, stands modified to the extent as indicated above. 8. The appeal and the connected application are disposed of accordingly. 9. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. Arindam Mukherjee, J. - I agree.