The right to electricity supply under Section 43 of the Electricity Act, 2003 is subject to compliance with statutory regulations and safety measures, and technical feasibility and safety concerns should be left to the decision of the technical experts of the distribution licensee.

JUDGMENT

Sabyasachi Bhattacharyya, J. - The writ petitioner sought an individual metered electricity connection for his advocate's chamber at Room No. 105, 4th Floor, 10 Old Post Office Street, Kolkata-700 001.

2. The CESC Limited declined to give the same and indicated that it was willing to give such connection if an application is made for a block meter which would cater to the needs of several persons.

3. It is contended by learned counsel for the petitioner that Section 43 of the Electricity Act, 2003 (for short, 'the 2003 Act') casts a duty on the distribution licensee to give electricity supply on an application being made by an owner or occupier of a premises within one month after receipt of the application for such purpose. The first proviso to Section 43, it is argued, makes it abundantly clear that the distribution licensee would have to supply the electricity even if it requires extension of distribution mains or commissioning of new sub-stations.

4. Learned counsel cited the judgment of Brihanmumbai Electric Supply and Transport Undertaking vs. Maharashtra Electricity Regulatory Commission (MERC) and othersreported at (2015) 2 SCC 438 in support of the proposition that, in case an application is made by an owner or occupier of a premises for supply of electricity, Section 43 requires the licensee to provide electricity from its own network. For this purpose, if it is not having its network, it will have to lay down its network, if required, in order to supply electricity to a consumer.

5. By addressing an inspection report produced by the CESC Ltd., it is contended that the CESC Ltd. is required either to install additional service line or refurbish, repair or reinstall the existing service lines for the purpose of providing electricity to the petitioner.

6. Clause 18 of Regulation No. 53 of 2013, framed by the West Bengal Electricity Regulatory Commission (WBERC), it is contended, provides for installation of block meters in bustees, markets, etc. where it may not be possible to segregate one consumer from an adjacent consumer because of existence of alarge number of consumers in a relatively small premises and where because of multiplicity of a wiring, there may arise fire and safety hazards. Thus, it is submitted, only when the twin conditions of inability to segregate and multiplicity of wirings are satisfied, Clause 18 can be pressed into service for insisting upon block meters. Since it is not the case of CESC that the premises-in- question contain wires which cannot be segregated between the consumers, the said provision is not applicableto the present case.

7. It submitted by learned counsel for the petitioner that installation of block meters and sub-meters will not decrease but increase the multiplicity of wirings. Regulation 14 of the WBERC Regulation, which prohibits splitting of load, has to be read with Clause 18. Since splitting of load is not permissible, conversely, owners or occupiers of a premises cannot be compelled to apply for a block meter.

8. Even if the petitioner applies for block meter along with others, the wiring would never decrease, since each of those persons would have to install sub-meters to quantify individual consumption.

9. By placing reliance on a Coordinate Bench judgment dated February 18, 2021 rendered in WPO 39 of 2021 (Partha Ghosh vs. CESC Ltd. and others), it is argued that the petitioner cannot be made to wait for getting electricity connection in his name for his chamber, which will affect his livelihood, till the CESC Ltd. takes safety measures for supplying electricity or for installing block meters.

10. Such order was passed in respect of 9, Old Post Office Street, which is the premises adjacent to the one where the petitioner seeks electricity connection.

11. It the CESC Ltd has accepted the direction for installation of individual metered connection in respect of 9, Old Post Office Street, it is not open to the CESC Ltd. to take a discordant stand in respect of the petiti