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2025 DAILYLAW 39140 (CAL)

BISWANATH MONDAL ALIAS BISHWANATH MONDAL AND ANR. v. THE WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND ORS.

MAT/1460/2025 · 2025-09-15

Debangsu Basak, Md Shabbar Rashidi

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.09.2025 Item No.25 Ct. No.26 CHC MAT 1460 of 2025 IA NO: CAN/1/2025 Biswanath Mondal alias Bishwanath Mondal & Anr. Vs. The West Bengal State Electricity Distribution Company Limited & Ors. Mr. S. Panchal, Advocate Mr. S. Barman, Advocate …for the appellants Ms. Susmita Chatterjee, Advocate …for the WBSEDCL Mr. Sourojit Dasgupta, Advocate Md. Sahanaj Parveen, Advocate …for some of the private respondents 1. Appeal is the behest of the writ petitioners in W.P.A.9378 of 2024 and directed against an order dated August 5, 2025. 2. By the impugned order, learned Single Judge disposed of the two writ petitions being WPA 9378 of 2024 filed at the behest of the appellants before us and WPA 25272 of 2024 filed at the behest of some of the private respondents before us. 3. Learned advocate appearing for the appellants submits that, the West Bengal State Electricity Distribution Company Limited (WBSEDCL) did not consider alternative ways to carry electricity. He submits that, 2 the District Magistrate as also the learned Single Judge erred in not arriving at a finding that alternative way leave was available to WBSEDCL and also erred in not directing the WBSEDCL to carry electricity through the alternative way leave. 4. The writ petitioners in WPA 25272 of 2024 WBSEDCL are represented. 5. WBSEDCL is carrying electricity through high tension line by installing pillers. Some of the pillers were installed on land belonging to the appellants. 6. It is the contention of the appellants that, there is an alternative way leave. It is for WBSEDCL to undertake the exercise to carry electricity in the optimum way. Land owner is entitled to compensation if in the event of the installation of any pillers is on the land belonging to any person. 7. Complaint by the appellants to the District Magistrate resulted in a reasoned order of the District Magistrate. Learned Single Judge took into consideration the right of the WBSEDCL to carry electricity by installation of pillers over land belonging to the appellants. Learned Single Judge found that, appellants can be adequately compensated. 8. It is not the Writ Court to find alternative way leave for the carriage of electric supply. Moreover, appellants before us are entitled to compensation in accordance with law. 9. We find no ground to interfere in the instant appeal. 3 10. MAT 1460 of 2025 along with connected application are dismissed without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)