ORDER
SHEET WP NO.179 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE HILGERS PRIVATE LIMITED Versus CESC LIMITED & ORS.……… BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 7th March, 2014.
For the petitioners : Mr.K.Bhattacharyya, Mr.A.Bhattacharyya.
For the respondent no.1 : Mr.S.Pal, senior advocate, Mr.U.Bose, Ms.V.Maheria, Mr.J.B.
Panda, Mr.R.Dutt.
For respondent no.3.
: Mr.P.Mukherjee, Mr.B.Kumar, Mr.S.Ghosh, Mr.R.Baliyal, Ms.S.Swaika.
For National Jute Manufacturer Corporation Ltd : Mr.J.Banerjee, Mr.A.Banerjee.
The Court : In this writ petition, the petitioners in substance seek direction on CESC LTD.for supply of electricity through independent supply line in respect of part of premises No.4, Netaji Subhas Road, Kolkata – 700 001, of which they are in occupation.
At this stage, it is not necessary to refer to nature of occupation of the petitioneRs.but admitted position is that the petitioners are in occupation of a portion of the said premises.
It appears that the said building belongs to the estate of the erstwhile Maharaja of Burdwan.
The building in question was leased out to a bank, at present known as Standard Chartered Bank.
The respondent No.3 claims to be an assignee of the lease from the bank.
The petitioners claim to be tenants in the said building.
The petitioners along with two other public sector organisations, National nsurance Company LTD.and National Jute Manufacturer Corporation Limited had also approached this Court earlier by filing a writ petition being W.P.No.23253(W) of 2009 on the same dispute.
At that point of time, supply of electricity was withheld on the allegation of non-clearance of dues.
That dispute eventually reached an Appellate Bench of this Court and order was issued on 20th December, 2010 in the said appeal, which was registered as FMA No.1101 of 2010 for restoration of supply on payment of Rs.67,68,683.53 along with compliance of certain other directions.
The writ petitioners along with the two other organisations claim to have deposited the said sum.
This is not in dispute.
Their grievance however is that in spite of making such deposit, supply has not yet been effected.
In this proceeding, the petitioners in substance seek implementation of the directions of the Appeal Court for restoration of supply.
Mr.Pal, learned senior counsel appearing for CESC LTD.submits that his clients are willing to effect such supply but for certain technical reasons, supply is being delayed.
It is submitted on behalf of CESC LTD.that a new switch gear has to be installed for the purpose of providing supply but at present the infrastructural facilities in the said building are inadequate for accommodating such switch gear.
This Court was invited by the CESC LTD.to appoint the Chief Electrical Inspector of the State as a Special Officer so that he could take inspection and apprise this Court as regards the infrastructural facilities of the building to make supply of electricity to the petitioners technically possible.
It was also submitted that apart from installation of switch gear, the Transformer room might require some alterations as well.
The petitioners do not object to appoint of such authority for the aforesaid purpose.
I, accordingly, appoint the Chief Electrical Inspector of the State as a Special Officer to inspect the supply route of electricity of the building in question, being premises No.4, Netaji Subhas Road, Kolkata – 700 001 and file a report before this Court on the following issues : (i) Whether the subsisting switch gear of the premises is adequate to permit supply to the petitioners and other occupants of the building having regard to the total energy consumption in the said premises.
(ii) If the Special Officer finds the subsisting switch gear of the building to have become obsolete for the purpose of receiving supply as per the present technology being employed by the licensee, the location where such switch gear could be installed should be suggested by him.
While giving his recommendations or suggestion, he shall also consider if there could be any alternative location in the building for installation of the switch gear, relocation of the Transformer and Low Tension Panel.
(iii) In particular, he shall report to this Court as to whether the existing Transformer and the Low Tension Panel are compatible with the present technology for supplying electricity or the subsisting mechanism could still be functional.
In couRs.of hearing, Mr.Mukherjee, learned counsel for the assignee had submitted that an arbitration proceeding is going on among the owners of the building, lessee and assignee of the lease and the scope of that dispute is also required to be examined.
His further submission is that the building concerned has been declared a heritage building and any addition or alteration in the building has to take place on obtaining permission of the State Heritage Commission.
So far as the pending arbitration is concerned, I shall examine that question at a later stage of this proceedings.
As regards the Heritage status of the building, the Special Officer while making his recommendations shall take into account that feature of the building as well.
The report of the Chief Electrical Inspector shall be filed before this Court on the next date of hearing.
All the parties to this proceeding as well as the Standard Chartered Bank and the actual owners of the building shall render necessary assistance to the Chief Electrical Inspector, who shall visit the premises on prior notice to the Advocate-on-Record of the petitioner, respondent No.3 and CESC LTD.The owners of the building shall also be notified of this proceeding and they shall assist the said Chief Electrical Inspector in carrying out his duties as directed by this Court.
I am also of the view that the National Jute Manufacturer Corporation Limited and National Insurance Company are proper parties to this proceeding.
Let them be added as party respondents and the Advocate-on-Record of the petitioners is given leave to amend the cause title of the writ petition here and now for the said purpose.
Let copies of the amended writ petition be served upon the added respondents.
This order also disposes of by consent of, the learned counsel for the parties, GA No.687 of 2014, which is appearing in day’s list against serial No.11.
This matter shall be listed as fiRs.item under the heading “For Orders” on 21st March, 2014.
All parties concerned including the Chief Electrical Inspector are to act on a signed copy of this order on the usual undertakings.
(ANIRUDDHA BOSE, J.) ss.