Neksad Mondal vs The State Of West Bengal And Others
2022 Latest Caselaw 6420 Cal

8th September,
 2022
 (AK)
 04

                                    W.P.A 16860 of 2022

                                      Neksad Mondal
                                              Vs.
                            The State of West Bengal and others


                             Md. Kutubuddin
                                                           ...for the petitioner.

                             Mr. Swapan Kr. Pal
                                                                 ...for the State.

                             Mr. Md. Mokaram Hossain
                             Mr. Saifuddin Sk.
                             Mr. Sandipan Maity
                                             ...for the private respondent.

Mr. Mihir Kundu ...for the WBSEDCL.

The grievance of the petitioner is that the private

respondent has been given electricity connection for

operating the latter's submersible pump de hors the law,

inasmuch as no SWID certificate was produced from the

Water Resources Investigation and Development

Department at the time of taking such connection.

Learned counsel for the WBSEDCL files a report,

annexed with a Circular which indicates that in respect of

the private respondent's connection, no such SWID

Certificate was necessary because the said motor pump

was of five horse powers and since pumps of five horse

powers and less are exempted from the purview of the

requirement to file a SWID certificate.

Learned counsel for the petitioner places reliance on

a judgment dated May 17, 2007 passed in W.P.325 (W) of

2007 by a coordinate Bench.

The distance and the discharge range of proposed

tube wells and the related safe distance criteria were

mentioned therein.

However, in view of the subsequent publication of

the Circular dated November 3, 2011 by the Water

Resources Investigation and Development Department,

Government of West Bengal, which clearly stipulates that

all wells fitted with electrometer pump set of five horse

power or less are exempted from the purview of the West

Bengal Ground Water Resources (Management, control

and Regulation) Act, 2005, the ratio laid down in the cited

judgment cannot have any bearing after the above change

of law.

At present, the November 3, 2011 Circular prevails

and the private respondent's pump is exempt from the

purview of the 2005 Act.

Hence, there is no merit in the writ petition.

Accordingly, WPA 16860 of 2022 is dismissed on

contest without any order as to costs.

Urgent photostat copies of this order, if applied for,

be given to the parties upon compliance of all requisite

formalities.

(Sabyasachi Bhattacharyya, J.)