Mobirul Shaikh v. West Bengal State Electricity Distribution Company Ltd.
In the High Court of Calcutta
Before Justice Aniruddha Bose
Decided on January 29, 2014
Relevancy of the case: Role of using computer and electronic equipment to assess a pump’s capacity
Statutes and Provisions Involved
- The Constitution of India, 1950 (Article 226)
Relevant Facts of the Case
- The West Bengal State Electricity Distribution Company Limited disconnected the petitioner’s connection, claiming his submersible pump is of 10 horsepower.
- Against this, the petitioner has approached the High Court under Article 226 of the Constitution.
Prominent Arguments by the Advocates
- The petitioner’s counsel contended that his submersible pump was of 5 horsepower.
- The respondent’s counsel submitted that the West Bengal Electricity Regulatory Commission does not have the technical expertise to measure the motor pump capacity. The transmission and distribution companies have the technical expertise. They use software to calculate a pump’s capacity.
Opinion of the Bench
- The court directed the transmission company and the distribution company to assess the pump’s capacity and reconnect it within 7 days from the court order date.
- The companies can use the necessary electronic equipment and computer or other equipment during their spot visits, which should be done without giving prior notice to the petitioner. The data generated during the visits and a preliminary report by the companies’ technical experts need to be produced for further examination.
- The bench posted the petition for the next hearing.