Subrata Jana vs West Bengal State Electricity ...
2022 Latest Caselaw 179 Cal

    05
25.01.2022
   TN



                          WPA No.19906 of 2021
                          IA No: CAN 1 of 2022

                             Subrata Jana
                                    Vs.
                    West Bengal State Electricity Distribution
                        Company Limited and others

                            (Via Video Conference)


             Mr. Soumen Dutta,
             Mr. Subhadeep Chatterjee
                                               .... for the petitioner


             Mr. Srijan Nayak,
             Ms. Rituparna Maitra
                                              .... for the WBSEDCL

             Mr. Sudipta Dasgupta
                                       ....for the private respondent

When the matter is called on for hearing, a

report in the form of written instructions is filed by

learned counsel for the distribution licensee, which

indicates that the existing submersible connection of

the petitioner is at a distance of around 205 meters

from the proposed submersible pump of the private

respondent Smt. Aparna Bera.

Learned counsel appearing for the petitioner

contends, by placing reliance on two judgments of this

court, that Section 43 of the Electricity Act, 2003 is

subject to Section 7 of the West Bengal Ground Water

Resources (Management, Control and Regulation) Act,

2005 and, as such, without any certificate of

clearance from the ground water authorities, no

electric supply can be given for operating a

submersible pump.

It is further argued that, although the

mentioned distance in the report of the distribution

licensee is 205 meters, the effective distance at which

the water will be supplied, if the new connection is

given to the private respondent, falls within a 200-

meter radius of the petitioner's pump. As such, it is

contended that the electric connection as sought by

the private respondent ought not to be given by the

distribution licensee.

Learned counsel appearing for the private

respondent contends that, based on the findings in

the report of the distribution licensee, there cannot be

any bar to giving electric connection to the petitioner

subject to compliance of other formalities.

It is evident from the report that the specific

stand of the distribution licensee is that there is a

distance of about 205 meters between the petitioner's

and the private respondent's submersible pumps. As

such, prima facie there is no bar in giving such

connection, of course, subject to compliance of other

formalities, including the production of a certificate,

as statutorily mandated, from the ground water

management authorities.

In such view of the matter, WPA No.19906 of

2021 is disposed of by directing the West Bengal State

Electricity Distribution Company Limited to give new

electric connection to the private respondent Smt.

Aparna Bera subject to the private respondent

complying with all other formalities, including the

production of a certificate from the relevant ground

water authorities in that regard. In the event such

formalities are complied with by the private

respondent and the necessary costs are deposited, the

distribution licensee shall give electric connection

within a week thereafter.

In the event of any obstruction being given to

the Distribution Company personnel in giving such

connection even after all formalities are complied with

by the private respondent, from any quarter, including

from the petitioner and/or his men and agents, it will

be open to the Distribution Company personnel to

approach the respondent no.5, the Inspector-in-

Charge, Egra Police Station for necessary police

assistance. If so approached, the respondent no.5

shall provide necessary police assistance at the cost of

the private respondent/applicant.

IA No: CAN 1 of 2022 is also disposed of

accordingly.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)