R.S.Bachawat, J. - (1.) In this Rule the petitioners ask for an appropriate Writ quashing an order dated 29th July 1956 made by the State of West Bengal under Section 51 of the Indian Electricity Act.
(2.) The petitioner Lily Biscuit Company (Private) Limited is the owner of c. s. plots Nos. 901 and 902 appertaining to c. s. khatians Nos. 304 and 305 of mouza Balagarh, Police Station Chinsurah in the Sadar Subdivision of District Hooghly. The petitioners Provash Chandra Sett and Bivash Chandra Sett are directors of Lily Biscuit Company (Private) Limited. The respondent No. 1 Gourepore Electric Supply Company Limited is a licensee within the meaning of Section 2(h) of the Indian Electricity Act. It was necessary for the supply company to draw 33 K. V. transmission lines from the North Calcutta Grid Sub-Station at Naihati up to their power station at Gorifa, 24-Paraganas for receiving bulk supply from the said North Calcutta Sub-Station. The proposed transmission line involved numerous plots including the plots belonging to the petitioner. The supply company applied to the State Government for the issue of a general authority under Section 51 of the Indian Electricity Act, 1910 whereupon It was advised to obtain necessary way leave from the owners of the plots concerned through amicable negotiations and on payment of reasonable compensation, if necessary. The supply company was advised that in the event of unreasonable objection by the owners, the Government should be approached for the issue of the necessary orders under Section 51. It appears that the company obtained the necessary way leave from almost all the owners by amicable negotiations. There were prolonged negotiations between the supply company and the petitioners for the grant of the necessary way leave through plots Nos. 901 and 902. In course of such negotiation the petitioner Lily Biscuit Company (Private) Limited by its letter dated the 23rd September 1955 written to the Supply Company proposed a new alignment of the transmission lines. By its letter dated the 7th October 1955 the Supply Company agreed to the proposed new line of alignment. It appears that meanwhile certain trees on the two plots were cut down by the employees of the Supply Company without the permission of Lily Biscuit Company (Private) Limited or their directors. The Supply Company by its letter dated 4th November 1955 tendered its apologies for the cutting of the trees. The apology, however, was not accepted. Disputes arose between the Supply Company and the Lily Biscuit Company (Private) Limited and the negotiations for the grant of the way leave by amicable negotiation fell through. The petitioners started proceedings under Section 144 of the Criminal Procedure Code. In the meantime, there was some correspondence between the petitioners and the Electric Inspector, West Bengal. By his letter dated the 4th February 1956 the Electric Inspector asked the petitioner Bivash Chandra Sett to state the grounds of the objections of Lily Biscuit Company (Private) Limited to the grant of the way leave and also to state if they would be prepared to give their consent in the matter under any terms and conditions.
(3.) By its letter dated 11th February 1956 the Lily Biscuit Company (Private) Limited stated that in spite of accepting the proposal for the new alignment the employees of the Supply Company started cutting down trees and that when this was brought to their notice, a letter was sent offering apology. By his letter dated 5th March 1956 the Electric Inspector asked Lily Biscuit Company (Private) Limited to reconsider the matter and stated that the Supply Company was prepared to re-open negotiation if possible and further suggested that a representative of Lily Biscuit Company (Private) Limited might call upon the Electric inspector at his office so that the matter might be discussed.;