Electricity Distribution Company Can Install Electric Poll On Private Land, Shifting Charges To Be Paid By Aggrieved Person: Calcutta HC

The Calcutta High Court on Tuesday observed that West Bengal State Electricity Distribution Company Limited has the right to install electric polls on private land and can also take necessary action in respect of any property in the event it is not possible to take the electric connection in-question over an alternative passage.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed, 

"..this Court is of the view that the respondent no.5 is under no obligation to not install electric poles and can take necessary action in respect of any property in the event it is not possible to take the electric connection in-question over an alternative passage."

However leave was granted to the appellant to approach the Distribution Company with a formal application for shifting the electric pole and it was further underscored that in such an event the appellant should be willing to deposit the entire shifting charges for installation of a new electric pole.

The instant appeal had been filed against the order of a Single Judge dated January 3, 2022. On December 21, 2015, a registered Deed of Gift was executed in favour of the appellate in respect to the land in question. Following which, on December 9, 2016 the appellate acquired his right, title and interest over the said land in terms of the record of rights prepared by the statutory authority. Consequently, he started cultivation in the land in question.

The office of the Station Superintendent, Kakdwip, West Bengal State Electricity Distribution Company Limited without intimating the petitioner erected an electric poll right in the middle of the land belonging to the petitioner. On learning about the installation of the poll, the petitioner made a representation before the Station Superintendent Kakdwip and District Magistrate South 24 Parganas requesting to remove the same because it disrupts the cultivation on the land. 

On January 3, 2022, the impugned order was passed by the Single Judge wherein it had been noted that the electric connection was taken about three years ago. It had been further held that since the appellant had not approached any competent authority for the compensation in the meantime, there was no scope for reopening such avenue for the appellant. 

While upholding the order of the Single Judge, the Division Bench further noted that immense power is vested on the Distribution Company, herein respondent no.5 under Section 164 of The Electricity Act, akin to the Telegraph Authorities which states- "The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained."

Accordingly, the appeal was dismissed. 

Case Title: Subrata Kumar Samanta v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 146

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