Calcutta High Court (Appellete Side)
Subrata Narayan Chowdhury & Ors vs West Bengal State Electricity on 15 January, 2021
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
03
15.01.2021
Ct. No.23
pg.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 4326 of 2020
Subrata Narayan Chowdhury & Ors.
Vs.
West Bengal State Electricity
Transmission Company Limited & Ors.
Ms. Manju Agarwal
Mr. Bajrang Manot
... For the petitioners
Mr. Sumit Kumar Panja
Mr. Sumit Ray
... For WBSETCL
The affidavit-of-service filed in Court is taken on
record.
The petitioners say that the West Bengal State
Electricity Transmission Company Limited (hereinafter
referred to as "WBSETCL") has proposed to lay overhead
transmission line in Mouza - Natagachi, Police Station -
Sonarpur. The proposed route for drawing the
transmission line is likely to effect the petitioners. The
petitioners have, therefor, raised an objection. The
petitioners say that there is already an existing high-
tension transmission line with poles erected on the
petitioners' plot of land. A further transmission line will
jeopardise the petitioners' interest in respect of the
petitioners' plot of land. The petitioners, therefore, seek
that the proposed transmission line may be drawn through
an alternative route without further effecting the
petitioners.
2
On behalf of WBSETCL, it is submitted that being a
transmission company, it is entitled to erect pole and lay
transmission line by entering into any premises and
utilising the same for the purpose of carrying out the work
under the statute. Drawing of transmission line according
to WBSETCL is for greater public interest. If at all the
petitioners' plot of land is effected by any work of
WBSETCL, the petitioners are at best entitled to
compensation.
Considering the submissions made on behalf of the
parties and the materials on record, I direct the petitioners
to approach the District Magistrate, South 24-Parganas,
within 31st January, 2021. In the event, the petitioners
approach the District Magistrate, South 24-Parganas,
within the time-frame provided, the said District Magistrate
should consider the following issues after hearing the
parties:-
(i) Whether there is any feasible alternative
route for drawing the transmission line in question
without effecting the petitioners' plot of land?
(ii) In the event, there is no feasible alternative
way, the route to be adopted should make
minimum use of the petitioners' land. (iii) In the
event, there is no feasible alternative route for
drawing the transmission line in question and the
petitioners' land has to be used, then the
compensation that the petitioners are entitled to for
3
the use of petitioners' land should also be
ascertained after making a survey of the plot in
question to ascertain the damage to the said plot.
The concerned District Magistrate, if approached by the
petitioners, shall dispose of the petitioners' objection by a
reasoned order within a period of six weeks from the date on
being approached by the petitioners keeping in mind that the
work of the transmission line had to be stopped by WBSETCL
owing to the objection only by the petitioners.
It is made clear that in the event the petitioners fail
to approach the District Magistrate, South 24-Parganas, in
terms of this order, WBSETCL will be free to carry out its
work on the petitioners' land for drawing the transmission
line in question after expiry of 31st January, 2021.
Nothing remains further to be adjudicated in the
writ petition and the same is accordingly disposed of
without any order as to costs.
Since I have not called for any affidavits, the
allegations contained in the writ petition are deemed to
have not been admitted by the respondents.
Urgent photostat certified copy of this order, if applied for, is to be given to the parties, upon compliance of necessary formalities.
(Arindam Mukherjee, J.)