- (1.) IN response to the submission made by learned Counsel for the parties and having regard to the fact that the controversies raised in the two applications substantially relate to the same subject matter, both the writ applications are taken up together for consideration and are governed by the same judgment and order. Grievance, as ventilated in W. P. No. 8629 (W) of 2007, may briefly be stated as follows:- The petitioner is a resident of Village- Kanchia, Post Office- Radhanagar, Police station- Ghatal, District- Midnapore (West ). Some persons of the said village were trying to install submersible pump without any permission from the authorities concerned under the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005. They were, thus, trying to frustrate the purpose of the West Bengal Ground Water resources (Management, Control and Regulation) Act, 2005. Installation of unauthorized submersible pump is injurious to health of the residents of the locality. In response to the form received from respondent No. 5, the Station Manager of Birshigha Group Electric supply being respondent No. 4 herein has been taking steps for supply of electricity to run unauthorized submersible pump. The petitioner raised objection to that and submitted representations. In view of consistent non-response on the part of the authorities, the petitioner through his learned Advocate by letters dated 5th March, 2007 and 23rd March, 2007 demanded justice. The respondent No. 4, by his letter dated 17th March, 2007, supplied to the petitioner through his learned Advocate copy of the circular received from director of Water Investigation and Development Department as also from the Chief engineer of the Board.
(2.) BEING aggrieved by such wrongful, illegal and arbitrary decision of the respondent authorities regarding effecting electric supply connection to the unauthorized STW/smp as per the prayer of respondent No. 5, the petitioner approached this Court with such application under Article 226 of the Constitution. The said respondent No. 5, as petitioner, filed an application under Article 226 of the Constitution being W. P. No. 9228 (W) of 2007 with the following grievances:- In response to his application for supply of electric connection with the purpose of running shallow tubewell, the West Bengal State Electricity Board issued quotation and as required, the petitioner paid the application fees of Rs. 500/- on 8. 8. 2002. The petitioner's name appears as against serial No. 2 in the list of Intending Agricultural Consumer prepared by the Distribution Company. The name of the private respondents have been appearing as against serial Nos. 12 and 13 in the said list. The petitioner's application No. is 47 dated 20. 9. 2002 and the private respondents' application Nos. are 66 and 67 dated 5. 5. 2004. When the petitioner approached the respondent authority for permanent electric connection i. e. dated 20th September, 2002, no submission of SWID clearance certificate was required for effecting new electric connection for running shallow tubewell. But in the case under reference, the Board issued quotation to the private respondents without providing the writ petitioner with necessary electric connection. The Station Manager of the Distribution company sent his proposal to his higher officer for effecting supply to the petitioner's shallow tubewell in question on 9th October, 2002. But there was no direction for submission of any SWID certificate. This was made effective from the year, 2003. Petitioner installed his shallow tubewell in the year, 2002, but till the date of filing of the application, no electric connection has been provided by the respondent authority. The petitioner, in view of such whimsical and arbitrary action on the part of the authorities, filed a writ application on 6th January, 2005 being W. P. No. 19520 (W) of 2004. It was disposed of by directing the respondent authorities to hear the petitioner and other effected parties and the authority concerned was directed to take necessary steps in effecting connection to the petitioner within a period of six weeks from the date of compliance of all the formalities. The private respondents got SWID certificate on 26th april, 2004. It was for the said respondents to maintain the minimum spacing of 200 metres during installation/energisation of submersible pump from any existing ground water structure. It was indicated that failing that the clearance certificate would be cancelled. In violation of such observation, the private respondents installed their submersible pump within the distance of 200 metres from existing ground water structure. The SWID certificate dated 26. 4. 2004 was valid for the period of 90 days from the date of issue. Since the scheme for energisation could not be completed within the period of 90 days, the clearance certificate stood automatically cancelled. Private respondents are not entitled to get any electric connection, since they did not maintain the minimum spacing of 200 metres from the existing ground water structure. The said private respondents filed two writ applications being W. P. No. 10582 (W) of 2005 and W. P. No. 10583 (W) of 2005. Learned Single Bench of this Court, by order dated 7th July, 2005, directed the Board to consider all the three applications strictly in accordance with law. Liberty was given to submit water availability certificate from the senior Geologist. The private respondents did not shift their submersible pump nor did they comply with the formalities but managed to get quotation for getting connection to their submersible pump.
(3.) WEST Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 was enforced w. e. f. 15. 9. 2005. The said Act indicates that obtaining of permit from state Level Authority, District Level Authority or Corporation Level Authority is required for any use of such pump. The petitioner approached for new electric connection and paid the quotation amount of Rs. 96,255/- on 15. 2. 2007 for his shallow tybewell installed in 2002. In absence of any permit, the private respondents should not be provided with any electric connection. The petitioner, in such circumstances, approached this Court for redressal of his grievances.;