MAT/1111/2026 of KAY PEE STEEL UDYOG PVT LTD Vs CESC LTD AND ANR on 15 September 2026

1. The appeal arises out of an order dated May 21, 2026, passed in WPA 10767 of 2026. By the order impugned the learned Single Judge considered the report filed by the CESC authorities and granted liberty to the appellant to take steps in accordance with law, thereby making an arrangement for space in the said building complex for installation of a distribution transformer.

2. Mr. Halder, learned advocate for the appellant submits that he is already enjoying electricity from a particular meter and he wants a change in the name of the consumer. According to Mr. Halder, the only difference in the nature of supply was conversion of the HT line to an LT line.

3. Mr. Sanyal, learned advocate for the CESC limited relies on the West Bengal Electricity Regulatory Commission’s Regulation 53 and submits that Clause 17 thereof provides that, upon assessment of the load of the intending consumers, if it is found that the licensee is required to install a distribution transformer, the intending consumers should provide the required space in their premises for housing the distribution transformer and associated equipments.

4. Thus, the learned Judge rightly directed the appellant to take steps in accordance with the requirement of the CESC, which transpired from the report which was filed before His Lordship.

5. Mr. Halder’s contention that all that was required was to change the name of the consumer and change of the HT line to LT line, is not correct.

6. We find that the appellant had filed an application in Annexure – A, that is, the form for which new connection is granted. He prayed for supply of electricity at the premises. The report indicates that an inspection was carried out at the premises no.63A, NSC Bose Road, Kolkata – 700040. During inspection, the representative of the appellant was present and it was found that the appellant’s shop was getting supply from an existing CT meter. Earlier, the supply to the premises was catered through high tension line, but the said high tension supply was surrendered and the high tension switch gear and other apparatus had been removed.

7. The premises comprises of 8 cottahs of land along with a four storied building. Each floor measures around 8000 sq. ft. The premises is commonly known as Malancha Cinema Hall complex. CESC limited had provided a temporary service connection on August 4, 2022 in the name of Punit Popat for construction and had installed a CT meter. Thus, Mr. Halder’s contention that his client was enjoying supply and all that he wanted was conversion of the supply to his name, cannot be accepted. The construction power was given by the authority through a CT meter in the name of one Punit Popat. Such power is only available till the construction of the building is complete. The appellant wanted supply of electricity in his name, through a dedicated meter.

8. Under such circumstances, CESC upon inspection found that the total load requirement of the intending consumers in the said building could not be catered from the existing transformer or the existing set up. A new distribution transformer was required to be installed for supply of connection to the entire premises and, as such, without a space for installation of such distribution transformer at the premises in question, the CESC authorities would not be able to take steps.

9. Under such circumstances, we do not find any illegality in the order impugned. His Lordship permitted the appellant to take steps in accordance with law.

10. Accordingly, the appeal and the connected application are disposed of, allowing the appellant to approach the CESC authorities for connection upon providing adequate space, for installation of a distribution trasnformer.

11. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)

(Arjun Ray Mukherjee, J.)