SRI KAMAL MARDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present four writ petitioners have approached this Writ Court for execution of 431 Shallow Tube Well electrification which has been sanctioned by the Government but not implemented for reasons not known to them for years together giving priority to subsequent schemes. They have claimed, inter alia, that the petitioners being farmers of Habibpur and Bamongola area under Malda Zilla Parishad in the District of Malda are mostly belonging to schedule caste and schedule tribe and other backward classes and their livelihood completely depends upon cultivation by Shallow Tube Wells. In the Habibpur, Bamongola, Gajol and Chanchol area there are 431 farmers who have Shallow Tube Wells of their own for the purpose of irrigation in their land. They got clearance certificate from the State Water Investigation Directorate of Government of West Bengal for installation of submersible pumps for lifting water for agricultural purposes.

(2.) They have further claimed that the respondent no. 4, the West Bengal Rural Energy Development Corporation Limited, was established for the purpose of taking steps so that all the villagers of the State of West Bengal can have the benefit of electricity either for residential purpose or for agricultural purposes. The respondent no. 4 formulated a scheme for electrification in the District of Malda under the said scheme so that the intending consumers may apply through the local Panchayat authority for obtaining electricity in their respective plots, houses and blocks. Accordingly, the 431 intending consumers of the aforesaid four areas applied for electrification of STW connection through Malda Zilla Parishad. After a scrutiny of their applications the Sahakari Sabhadhipati, Malda Zilla Parishad submitted a list of 431 intending consumers including the statements of physical and financial involvement in West Bengal Rural Energy Development Corporation Limited Rural Electrification Programme, 2002-2003. The respondent no. 4 accordingly in his letter being O.M. No. 1373/MZP/03 dated 04.03.2003 sanctioned the electrification proposal of 431 STW.

(3.) It is their further case that by a letter dated 16.08.20053 the Managing Director, West Bengal Rural Energy Development Corporation Limited requested the Additional Executive Officer, Malda Zilla Parishad to prepare a new scheme for the said electrification of 431 STW. By a letter dated 11.05.2007 the Managing Director of respondent no. 4 further requested the Additional Executive Officer, Malda Zilla Parishad for some information in connection with those 431 STWs. The respondent no. 4 by letter dated 21.05.2007 further informed the respondent no. 9, Additional Executive Officer, Malda Zilla Parishad that the scheme for electrification of 431 STW was approved on 24.04.2003 but the scheme was not executed as the field realities have been changed as per latest guidelines of STW. It was further made clear in the said letter under reference that there is financial constraint for the approved scheme. Accordingly, the respondent no. 7 submitted a detailed recast report with an estimated cost of Rs. 5,29,54,756/- for the said 431 numbers STW scheme. Thereafter the respondent nos. 9 and 10 by letter dated 26.12.2007 requested the respondent no. 5 to move for necessary approval for 431 STW and the respondent no. 10 has also submitted a detailed calculation of number of beneficiaries, name of Mouzas, JLO, Plot Nos. of STW, number of poles and cost for the scheme. One of the beneficiaries namely, Asish Sarkar also made a representation to the Honble Minister in Charge, Power Department, Government of West Bengal for electrification of the said 431 STWs. The Managing Director of the West Bengal State Electricity Distribution Company Limited by a letter dated 19.09.2007 informed that the said matter has been referred to the Malda Zilla Parishad. By another letter dated 27.12.2007 the Honble Minister in Charge, Department of Parliamentary Affairs and Environment, Government of West Bengal addressed to the respondent no. 3 requested him to sanction additional amount of Rs. 1,79,00,000/- for the execution of the said 431 STW scheme. By another letter dated 08.11.2008 Mr. Sambhu Tudu, MLA requested the Honble Minister in Charge, Power Department, Government of West Bengal to implement the said scheme for the benefit of SC/ ST cultivators and agricultural development of the District of Malda. The respondent no. 7 also by letter dated 05.02.2008 requested the Principal Secretary, Power Department, Government of West Bengal, the respondent no. 2 herein, for release of an amount of Rs. 5,83,97,049/- for execution of the said scheme.