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2022 Supreme(Cal) 1114
IN THE HIGH COURT OF CALCUTTA
Prakash Shrivastava, Ajoy Kumar Mukherjee, JJ.
Debaprasad Das - Appellant
Versus
West Bengal State Electricity Distribution Company Limited And Others - Respondent
FMA No. 102 of 2017, CAN 1 of 2017 (Old No. CAN 6634 of 2017)
Decided On : 20-01-2022
Ram Mohan Pal, Advocate, Sujit Sankar Koley, Advocate
The court upheld the legality of the installation of electric posts and lines on the private property under the provisions of the Electricity Act, 2003.
Headnote:
Electricity Act, 2003 - Dispute over installation of electric posts and lines on private property - Sections 164, 68, and 168
Fact of the Case:
The petitioner claimed that the electricity authority installed electric posts and lines on his private property without consent, causing damage and obstruction to building a house. The court found that the high-tension line and poles had been present on the property for at least 20 years, and the recent installation was in accordance with the law.
Finding of the Court:
The court directed the electricity authority to submit an estimated cost of shifting the newly erected poles and high voltage line to the petitioner, who would then be responsible for the costs of the shifting work.
Issues: Dispute over the installation of electric posts and lines on private property, petitioner's objection to the installation, and the legality of the installation under the Electricity Act, 2003.
Ratio Decidendi: The court found that the recent installation of poles and lines was in accordance with the law, and directed the petitioner to bear the costs of shifting the newly erected poles and high voltage line.
Final Decision: The appeal was disposed of with a direction for the electricity authority to submit an estimated cost of shifting works to the petitioner, who would then be responsible for the costs of the shifting work.
JUDGMENT
ajoy Kumar Mukherjee, J. - Being aggrieved by and dissatisfied with the order dated 7th June, 2016 passed by a Single Bench in W.P. 21706 (W) of 2015 (Debaprasad Das vs West Bengal State Electricity Distribution Company Limited and others), present appellant Debaprasad Das preferred this mandamus appeal on the grounds inter alia that the learned Single Bench ought to have considered that the respondent Electricity Board admitted that high-tension electric post has been installed at the petitioner's plot No. 929 and he ought to have considered that in the reply notice dated 05.06.2015, the electricity authority agreed to remove the high-tension electric line from the said plot No. 929, if the writ petitioner agreed to pay shifting charges . Learned Single Bench also failed to consider that the initial report filed by respondents No. 9 reveals that two naked electric poles are erected at plot No. 929 just at the verge of Panchayat Road. Learned Single Bench ought to have make direction to the electric authority for removal of electric posts and electric line from the property of the petitioner and instead of that he is erred in holding that the electricity authority did not install naked electric poles at the aforesaid property of the writ petitioner.
2. Petitioners case in a nutshell is that by a registered deed dated 18.09.1984, petitioners became absolute owner and occupier of plot No. 929 and his name has also been duly recorded in LR Record of Rights. On 04.07.2014 petitioner filed written objection to the respondent/electricity authority for removing the electric posts from the private property of the writ petitioner at plot No. 929 installed by the respondents /electricity authority, forcibly and illegally and also for illegally passing electric wire through the property of the petitioner causing damage and obstruction to build dwelling house in the petitioners own property at plot No. 929. On 12.09.2014 petitioners filed another written objection to the respondents/electric supply authority, for not installing new electric posts at the plot No. 929, owned by writ petitioner. On 13.02.2015 the petitioner again issued and served notice to the respondents/ electricity authority not to install further new transformer at the property of the writ petitioner at plot No. 929. The respondent electricity authority have no right to install electric posts or electric transformer at private absolute property of the writ petitioner, but inspite of the objection raised by petitioner, they are illegally and forcibly passing high voltage electricity line through installed electric posts and transformer at the private property of the petitioner. actually they have trespassed into the private property of the writ petitioners at suit plot No. 929 and installed high voltage electric line and thereafter again installed 3 (three) naked cemented electric posts, trespassing into the petitioner's property with a motive to install new electric transformer. In the above background writ petitioner moved present writ petition under article 226 of the Constitution of the India with a prayer for issuing rule, commanding the electricity authority to remove the electric posts and electric line from the private property of the writ petitioner at plot No. 929 and also to issue rule of prohibition restraining respondents electricity authority not to install further electric posts and/or electric transformer and / or electric line at the private property of the writ petitioner .
3. Learned Single Bench called for a report from concerned BLLRO, whether any pole has been erected on the plot of land of the petitioner and BLLRO filed affidavit which provides complete and specific answer to the dispute on 05.04.2016 stating, two naked poles have been erected in plot No. 289 which are piece of land belonging to the State. Learned Single Bench after being satisfied that said naked poles have not been erected on land of petitioner, as reported by BLLRO and als
