Disposed
Sekh Masan Ali v. West Bengal State Electricity Distribution Co. Ltd. and Ors.
Calcutta HCWPA/14370/2021
Case brief
from the order text
What is this about?
mb IN THE HIGH COURT AT CALCUTTA…
What the court decided
AI extract
mb IN THE HIGH COURT AT CALCUTTA…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
57 01.09.2022 mb
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. No. 14370 of 2021
Sekh Masan Ali
Vs.
West Bengal State Electricity Distribution Company Limited & Ors.
Mr. Prashant Pathak, Mr. S. banerjee …for the petitioner
Mr. Debjit Mukherjee
Learned counsel for the petitioner contends that despite the petitioner having lawfully converted the property-in-question and purchasing the property, after such purchase, the WBSEDCL has drawn hightension electric line over the petitioner’s property without any prior notice to the petitioner.
The petitioner gave representation in that regard, which has not yet been considered by the Distribution Licensee.
Learned counsel appearing for the WBSEDCL submits that the District Magistrate is the appropriate authority to decide on disputes with regard to payment of compensation and in respect of installation of hightension and other lines over any property.
2
Since, in the present case, a dispute has arisen as to whether the petitioner was entitled to a prior notice before installation of the high-tension line and/or whether, alternatively, the petitioner is entitled to get adequate compensation, W.P.A. No. 14370 of 2022 is disposed of by granting liberty to the petitioner to file an appropriate challenge before the concerned District Magistrate, having territorial jurisdiction over the areain-question.
If such an application is filed, the District Magistrate shall hear all interested parties and decide the relevant issues in accordance with law as expeditiously as possible, preferably within eight weeks from the preference of such application before the District Magistrate.
If necessary, the District Magistrate will be at liberty to call for a report from the appropriate authority before resolving the said dispute.
There will be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.
(Sabyasachi Bhattacharyya, J.)
Sekh Masan Ali
West Bengal State Electricity Distribution Company Limited & Ors.
Sabyasachi Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court