SOURAV GHOSH Vs. W B STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioners No. 1 and 2 are the tenants. The petitioner No. 3 is the landlady. The petitioners No. 1 and 2 applied for new electric connection on 24th September, 2003 and 5th November, 2003 respectively. Their case is that the West Bengal State Electricity Board (hereinafter referred to as the Board) insisted that the application for supply of electricity should be made by the landlady. It is also their case that at their insistence an application by the landlady, the petitioner No. 3 herein, was filed on 24th November, 2003. The Board after necessary inspection has issued a quotation dated 24th November, 2003 by which payment of a sum of Rs. 1,28,387/- has been demanded as a prerequisite for providing electric connection. It is in these circumstances that the present writ petition was filed by the tenants and the landlady praying for an order directing the State Electricity Board to give connection to the petitioners No. 1 and 2 without insisting upon payment of the said sum of Rs. 1,28,387/-.

(2.) The Board has filed an affidavit-in-opposition and thereafter, has filed a supplementary affidavit which was affirmed by one Sri S. P. Kusari on 12th August, 2005. The sum and substance of the case of the Board is to be found in the various sub-paragraphs of paragraph 13 of the said supplementary affidavit. Briefly stated their case is that there are four 100 KVA transformers in the locality, where the commercial complex under construction of which the petitioners No. 1 and 2 are the stallhoders, is situate. According to the Board, all the four transformers have exhausted their capacity. Five of the existing shoprooms have already been electrified from out of one of the transformers and there is no scope for giving any electric supply to any of the petitioners from the existing tansformers. The commercial complex wherein the petitioners. The commercial complex wherein the petitioners No. 1 and 2 have taken stalls is at present one storied building, but the Board is of the view that there is scope for further construction and it is likely to become a two storied shopping complex.

(3.) Mr. Panja, learned Advocate appearing for the Board submitted that unless a new transformer is installed it is not possible to meet the requirement of the shopping complex regard being had to the foreseeable increase in the demand once the building is completely constructed. He, therefore, submitted that a transformer has to be installed and for such installation, the quotation has been issued. As and when the requisite payment is made, the supply of electricity shall commence.