Biman Ghosh and Another vs CESC Ltd. and Others

Jayanta Kumar Biswas, J.—After considering the case revealed by the pleadings of the parties and hearing the advocates, I am of the view that it will be appropriate to dispose of the WP permitting the petitioners to submit a detailed claim petition and directing CESC to decide the petitioners'' claim for compensation according to provisions of the Indian Telegraph Act, 1885, ss.10 &16 and other relevant provisions of law. The petitioners brought this WP alleging that their claim for compensation for causing damage to their property was not considered by CESC. Their allegation is that CESC used their property for erecting a tower for transmission of electricity. CESC has filed an opposition stating that it has not used any part of the petitioners'' property for erecting any tower for placing electric line for transmission of electricity.

The admitted position is that the petitioners'' claim was not decided by CESC. In my opinion, the claim ought to have been decided after making necessary inquiry. For these reasons, I dispose of the WP ordering as follows. If the petitioners submit a detailed claim petition within three weeks, then CESC shall decide their claim for compensation according to law, within eight weeks from the date of receipt of the claim petition. Decision shall be given after making necessary inquiry, recording proceedings and giving reasonable opportunity of hearing to all. No costs. Certified xerox.