Susanta Chatterji, J. - (1.) The present writ petition has been filed for issuance of a Writ of Mandamus commanding the respondents to install the A.C. supply the immediately in the portion of the premises No. 30-A, Kalighat Road, Calcutta which has been. reconstructed after the demolition of the Old Building therein. It is stated that, the petitioner obtained the plan. sanctioned by the Calcutta Municipal Corporation for the purpose of construction of a building at premises No. 30-A, Kalighat Road purchased by the petitioner and on demolition of the dilapidated structure therein has raised construction of double-storied building and the said construction is complete. It' is further stated that a litigation is going on between the petitioner and his tenant for a portion of the building not covered by the newly constructed structure. According to the petitioner, there are two D.C, Meters at the premises No. 30-A, Kalighat Road, Calcutta standing in the name of one Kshudiram Samanta being No. 029879 and the other meter being No. 0067942 is standing in the name of D. R. Chakraborty. Those two meters are in existing laying before the purchase of the petitioner and these meters are being used by the said two tenants. Upon construction of the building in the portion of the premises after demolition of the old structure the petitioner applied for A.C. Service line on 19th of August, 1987 and submitted a requisite form to the Calcutta Electric Supply Corporation Limited. On receipt of the application, the Calcutta Electric Supply Corporation. Limited made an inspection of the premises of the petitioner on 20.10.1987. Since there is no response within the reasonable time the petitioner made an enquiry and he has been told that for the purpose of getting a new A.C. connection in the building the petitioner is required to surrender old D.C. line and meters otherwise the petitioner cannot get A.C connection in newly raised portion of the premises. As it is impossible to pursue the tenants to surrender their meters, the petitioner asked the District Engineer to consider his case of new A.C. supply connection in the premises in question and the petitioner's request in this behalf was refused. The District Engineer, Calcutta South District of Calcutta Electric Supply Corporation Limited informed that for the purpose of getting new A.C. connection, the building constructed by the petitioner is required to be separately assessed as prayed. Being aggrieved by and. dissatisfied with the acts and actions of the respondents so far with regard to the withholding the new A.C. connection to the premises of the petitioner, the petitioner has invoked the writ jurisdiction of this Hon'ble Court seeking reliefs as indicated above.
(2.) Mr. Bhattacharjee has strongly argued that regard being had to the materials on record and facts on the case that the petitioner's premises is a newly built construction and the same is separated from the old existing dilapidated building where the D.C. Meters are provided to the tenants, there is no bar to provide new A.C. line to the newly constructed portion of the premises. The question of re-numbering and upon assessment in the records of Corporation is net relevant for the purpose of supply of electricity to the petitioner's portion of the premises.
(3.) Mr. Ajoy Nath Ray, the Learned Counsel for C.E.S.C. Authorities has drawn the attention of the Court to the condition of supply by the Calcutta Electric Supply Corporation Limited by receiving the sanction of the Government of West Bengal. He has drawn the attention of the Court to paragraph 3 of the Conditions of Supply as made in 1961 that upon receipt of the application, notice will be sent to the consumed or to the wiring contractor acting on the consumer's behalf for his representative to meet the licencee to agree upon the position of the supply of service, cut outs and meters. The licensee will decide whether a projects service should be given to each consumer on any premises or whether a supply to all consumers in any premises will be given through separate meters from a common service installed on the premises. The position shall be such that the licensee's employees may have ready and easy access to do. The licensee will in no case fix his meters and cut outs, nor allow the same to remain in any position which entails entry of his employees into Purdah or religious quarters. Should the cut outs and meter board be fixed in a locked room or enclosure, the necessary keys must be kept available on the premises. There are other conditions for the safety of the supply of electricity. The main force of argument of Mr. Ray is that in the same premises there cannot be simultaneous supply of electricity through D.C. line and A.C line as there is a chance of risk and accident. For safety measure the C.E.S.C. insists that unless a premises is separately assessed and re-numbered there cannot be the supply of A.C. and D.C. lines in one premises.;