TAPAS KANTY MONDAL & ORS. Vs. WEST BENGAL STATE ELECTRICITY TRANSMISSION CO. LTD. & ORS.
LAWS(CAL)-2012-1-574
HIGH COURT OF CALCUTTA
Decided on January 30,2012

Tapas Kanty Mondal And Ors. Appellant
VERSUS
West Bengal State Electricity Transmission Co. Ltd. And Ors. Respondents

JUDGEMENT

JAYANTA KUMAR BISWAS,J. - (1.) The six petitioners in this WP under Article 226 dated January 24, 2012 are seeking the following principal relief: "b) a Rule N I S I in the nature of Mandamus commanding the respondents and each one of them to stop further construction work of installation of high tension electric line over the valuable lands of the petitioners or any portion thereof without following the procedures prescribed of Rules 3 and 4 of the said Rules, 2006 in exercise of the statutory powers vested in the WBSETCL/licensee authority."
(2.) The case of the petitioners is this. West Bengal State Electricity Transmission Company Limited, a licensee under the Electricity Act, 2003, has been wrongfully using their lands for placing electric lines for transmission of electricity. It has not considered their objections submitted on January 22, 2010 (at p.43).
(3.) Advocate for the petitioners has submitted that in view of the provisions of sub-r.(1) of r.3 of the West Bengal Works of Licensees Rules, 2006 the licensee cannot use the lands in question without prior consent of the petitioners; and that, in any case, the licensee ought to have examined the objections submitted by the petitioners.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.