Nadugopal Shinri vs The West Bengal State Electricity ...
2023 Latest Caselaw 677 Cal

AD-35
Ct No.09
20.01.2023
TN



                          WPA No. 28267 of 2022

                             Nadugopal Shinri
                                    Vs.
                 The West Bengal State Electricity Distribution
                        Company Limited and others



             Mr. Mohinoor Rahaman,
             Ms. Maria Rahaman,
             Ms. Iqra Rahaman
                                                   .... for the petitioner

             Mr. Amitabh Shukla,
             Mr. Prakash Ch. Pandey
                                               .... for the WBSEDCL



                   The interesting question raised in the present

             writ petition is whether a person desiring for an

             electricity line or post to be removed to a different

             place or to a higher or lower level is liable to pay the

             expenses for such shifting.

                   Learned   counsel   for   the     petitioner   places

             reliance on Section 17 of the Indian Telegraph Act,

             1885 (hereinafter referred to as "the 1885 Act") which

             has been applied to the Indian Electricity Act, 2003 by

             virtue of Section 164 of the latter Act, and submits

             that in a case where there arises no question of prior

             payment of compensation as envisaged in the proviso

             to Section 17(1) of the 1885 Act, there is nothing in
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the Section to indicate that the person seeking the

shifting of an electricity line or post has to pay up for

such shifting.

        Learned counsel appearing for the Distribution

Licensee fairly contends that it is not clear from

Section 17 of the 1885 Act itself as to whose liability it

is to bear such expenses. However, by way of analogy,

learned counsel cites Clause 4.2 of Regulation 53 of

the West Bengal Electricity Regulatory Commission

(WBERC) of 2013, to indicate that in case where

distribution mains are needed to be extended or new

plants, lines, distribution mains are to be installed or

both in order to supply electricity to any applicant or

intending consumer, the Distribution Licensee is

entitled to recover the cost for the same from the

applicant/intending consumer.

        It is submitted that the same analogy ought to

be applied in the case of shifting, since the shifting is

taking place at the behest of the person seeking the

same.

        Since it is a pure question of law, affidavits are

not being directed to be exchanged in the matter and

hearing is concluded. However, it will be deemed that

none of the allegations made in the writ petition are

admitted by the respondents.

The matter is reserved for judgment.

(Sabyasachi Bhattacharyya, J.)