The Calcutta High Court reaffirmed that once all statutory formalities are fulfilled by an applicant, electricity distribution companies are bound to provide electricity connection within a stipulated period, subject only to the resolution of way-leave issues where applicable. This decision upholds existing precedent and serves as binding authority for similar writs relating to the grant of electricity connections for submersible pumps and analogous purposes.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/23145/2025 of WASIM AKRAM Vs WBSEDCL AND ANR. |
| CNR | WBCHCA0462212025 |
| Date of Registration | 20-09-2025 |
| Decision Date | 29-10-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE JUSTICE KAUSIK CHANDA |
| Court | Calcutta High Court |
| Bench | Single Judge Bench (HON’BLE JUSTICE KAUSIK CHANDA) |
| Precedent Value | Binding on subordinate courts within West Bengal |
| Type of Law | Electricity Law; Administrative Law |
| Questions of Law | Whether an applicant, having completed all formalities, is entitled to timely electricity connection from the distribution company, subject to compliance with any way-leave requirements. |
| Ratio Decidendi |
The court held that if the applicant completes all the required formalities for obtaining an electricity connection, the distribution company must provide the connection within a prescribed period, subject to verification through an inspection and resolution of any way-leave issues. This reaffirmation places a time-bound responsibility on the electricity provider and clarifies the conditions precedent and subsequent to grant. The judgment restates the obligation of distribution companies to follow transparent, non-arbitrary processes in extending essential public utilities. |
| Facts as Summarised by the Court |
The petitioner sought an electricity connection for operating a submersible pump set and submitted that all requisite formalities were completed, including construction of a meter room and completion of boring work. WBSEDCL confirmed that an inspection would be conducted and connection provided if all norms were satisfied, subject to way-leave. The court directed the connection to be given within eight weeks upon due compliance. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within West Bengal |
| Persuasive For | Other High Courts and tribunals dealing with electricity connection disputes |
What’s New / What Lawyers Should Note
- The judgment reiterates a clear timeline (eight weeks) for electricity connection once all formalities are completed, making such orders administratively enforceable.
- It requires electricity distribution companies to act upon applications non-arbitrarily, post-inspection and subject to any way-leave.
- Petitioners seeking electricity connections (especially for pumps or similar uses) may rely on this precedent where distribution companies delay services despite procedural compliance.
- The order reaffirms courts’ readiness to enforce timely delivery of essential services through writ jurisdiction.
Summary of Legal Reasoning
- The court noted that the petitioner had fulfilled all necessary formalities, such as constructing a meter room and completing boring work for the intended purpose.
- The counsel for WBSEDCL accepted that, subject to inspection confirming compliance with all requirements and resolution of potential way-leave issues, the connection would be provided.
- Considering these submissions, the court directed WBSEDCL to inspect and, if satisfied, to provide electricity connection within eight weeks.
- The reasoning rests on the principle that denial or delay of an essential public utility, after due compliance by the applicant, cannot be supported in law unless justified by outstanding statutory conditions (such as way-leave).
Arguments by the Parties
Petitioner
- Sought electricity connection for a submersible pump set.
- Asserted that all formalities, including construction of the meter room and completion of boring, had been complied with.
Respondent (WBSEDCL)
- Confirmed willingness to conduct site inspection.
- Submitted that electricity connection would be provided upon satisfaction that all required formalities were met and upon resolution of any way-leave issues.
Factual Background
The petitioner applied for an electricity connection to operate a submersible pump set. He submitted that he had completed the construction of the meter room and the requisite boring work as formalities mandated for such connection. WBSEDCL indicated it would conduct an inspection, and upon fulfillment of all requirements, provide the connection, subject to resolution of any way-leave issues. The court ordered that, provided all requirements were met, connection must be given within eight weeks.
Statutory Analysis
- The court addressed the obligations of electricity distribution companies to provide connections upon compliance with prescribed formalities.
- The judgment recognized the requirement for way-leave, i.e., the right of way for electric lines, as a qualifying factor.
- No specific statutory provisions were cited or interpreted in the text of the judgment as provided.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
- The court laid down an explicit time frame of eight weeks for compliance by the electricity distribution company following completion of formalities and after inspection.
- The judgment required the respondent’s instructions to be recorded as part of the proceedings, ensuring that administrative undertakings are judicially recognized.
Alert Indicators
- ✔ Precedent Followed – The judgment reaffirms the established obligation of electricity distribution companies to provide connections promptly upon completion of formalities, maintaining consistency with previous legal principles.