KARTICK CHANDRA MONDAL Vs. CHAIRMAN WBSEB

JUDGEMENT

(1.) THIS batch of writ petitions relate to certain disputes arising out of applications for electricity made by mostly agriculturalists for energizing pumpsets for lifting water for cultivation purposes. These pumpsets have come to be known as submersible pumps in common parlance.

(2.) A three-fold connection process is being followed by the electricity companies connection. Initially, an application is required to be filed in the prescribed form on payment of stipulated fees, which at present, I have been informed is rupees one thousand. These applications are filed at the local sub-stations of the West Bengal State Electricity Board (at present, due to certain restructuring, this task is being performed by West Bengal Electricity Supply company Ltd.), whom I shall henceforth described the distribution licensee in this judgment. On filing of the application, as per the prevailing practice, the board issues a quotation informing the applicant the amount he is required to be deposited. In several cases, I find that the quotation includes the cost of a 10 kva transformer, as also charges for laying the line. On payment of this amount, and completion of certain infra-structural facilities, connection is actually effected.

(3.) WITH the laudable purpose of preventing over-extraction of ground water, the prevailing practice of the distribution licensee had been to require the individual applicant to obtain from the State Water Investigation Department a water availability certificate, which have come to be known as SWID certificate. The second condition which used to be imposed by the Board for the same purpose, was to ensure that there was a maximum distance of 200 meters between two submersible pumps. I shall refer to this norm henceforth as the minimum distance norm.