Non-compliance with the requisite formalities prescribed by the West Bengal Electricity Regulatory Commission (Standards of Performance of Distribution Licensees Relating to Consumer Services) Regulations, 2005, renders an application for electricity connection invalid and liable to be rejected.

Syamal Kanti Chakrabarti, J.:

1. In this writ petition the petitioner has contended that he is a owner of a piece of agricultural plot of land bearing no. 170 of Talda Mouza under Sabang Development Block in the District of Paschim Medinipore by purchase in 2006. He installed a submersible pump for supply of water to the said agricultural plot of land before coming into force of the West Bengal Ground Water Resources (Management Control and Regulation) Act, 2005 with the permission of the Senior Geologist, Division No. 1, State Water Investigation Directorate, Water Investigation and Development Government of West Bengal. He submitted an application being no. AD/07/(06-07)/Agr dated 11.10.2006 on the basis of which the respondent no. 5, The Station Manager, Sabang Group Electricity Supply, West Bengal State Electricity Distribution Company Limited, has offered a quotation demanding a sum of Rs. 1,57,935/- only fur such supply connection. He deposited the amount on 28th May, 2007 against proper receipt. But his service connection was not effected within reasonable time. So he issued a reminder on 24th December, 2007 which also remained unattended to.

2. Thereafter he moved a writ petition being W. P. No. 16230 (W) of 2008 before this Hon’ble Court which was disposed of by order dated 12th September, 2008 in presence of the respondent distribution company with the following directions:-

“If the petitioner applies for permanent connection for electricity for his STW/submersible pump, the Board shall take necessary steps under the provision of law for effecting electricity to the petitioner’s STW/submersible pump within six weeks from the date of complying with the necessary formalities by the petitioner including the production of water availability certificate from the concerned authorities”

3. On 06.12.2008 the respondent no. 5 issued a notice to the petitioner intimating that in view of objection raised by some local people regarding installation of such supply connection the petitioner is required to submit the way leave clearance/ permission. The petitioner contends that after acceptance of the quotation the respondent cannot deny supply of electricity at the instance of some objectors since it is the duty of the respondent distribution company limited to install the service connection at the plot of land possessed by the petitioner where submersible pump has been installed.

4. The respondent nos. 1, 2, 3, 4 and 5 have opposed the move and contended that on the basis of application of the petitioner on 11.10.2006 they offered the quotation subject to some conditions and the petitioner deposited the money only without fulfilling other conditions. It is there further contention that after implementation of the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 the intending or existing consumer has to comply with the necessary formalities including submission of “permit” or “certificate of registration” issued by the competent authority prescribed in the said Act for running submersible pump. On the verbal assurance of submitting such permit or certificate of registration the quotation was offered to the petitioner and the deposit was accepted and thereafter they instructed the enlisted contractor concerned to effect supply of electricity. Accordingly the contractor tried to erect some P.C.C. poles required to be posted on the lands owned by other persons but they raised resistance for which those poles could not be erected.

5. It is their further contention that on 21.11.2007 one Gobindo Prasad Gatait along with 12 persons submitted written objection requesting the respondent no. 5 to refrain from installing any such pole or draw any cable over their agricultural land for effecting electric supply to the petitioner. In a separate petition another person namely Surya Kumar Maity has also raised similar objection. One Ashok Gatait also submitted an objection dated 26.11.2008 refusin