St. Mary'S Technological ... vs West Bengal State Electricity ...
2023 Latest Caselaw 2981 Cal

  08
27.04.2023
   mb



                 In the High Court at Calcutta
                Constitutional Writ Jurisdiction
                         Appellate Side

                         W.P.A. No. 9943 of 2023

             St. Mary's Technological Foundation & Anr.
                                -vs.-
             West Bengal State Electricity Transmission
                       Company Limited & Ors.


              Mr. Utpal Das
                                     ...for the petitioners

              Mr. Sumit Kumar Panja,
              Mr. Sumit Ray
                             ...for the WBSETCL



                     Two very important questions have been

                raised    by    learned    counsel   appearing    for   the

                petitioners     in   the   matter.   First,   whether   the

                intended drawal of high-tension electricity line over

                the property of the petitioners, which runs a

                minority educational institution, tantamounts to

                'acquisition'    within    the   contemplation     of   the

                judgment rendered by the Supreme Court in

                Society of St. Joseph College vs. Union of India &

                Others, annexed at page 76 of the writ petition,

                consequentially rendering the intended drawal bad

                in law, being in contravention of Article 30 of the

                Constitution of India.

                     The second question which has been raised is,

                whether the parties are governed by the West
                     2




Bengal Government's Policy and Guidelines for

Setting up Private Universities dated January 31,

2013,   published       in   the   Kolkata    Gazette    on

February 01, 2013, which envisages that such

minority institutions have to run on encumbrance-

free land; if so, whether the drawal of high-tension

electricity line tantamounts to an 'encroachment'

within the contemplation of the said guidelines.

     Since learned counsel for the WBSETCL

controverts such arguments of the petitioners on

several grounds, including certain factual ones,

such as, allegedly the line was deviated from with

regard to the previous plan to leave alone certain

residential   areas,     which     would     otherwise   be

affected, the respondents are directed to file their

affidavit(s)-in-opposition within May 12, 2023.

Reply thereto, if any, shall be filed by May 19,

2023.

The matter shall next be listed for hearing on

the reopening day of court after the upcoming

Summer Vacation.

(Sabyasachi Bhattacharyya, J.)