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2008 Supreme(Jhk) 662

Jharkhand High Court
M.Y.Eqbal,D.K.Sinha,JJ.
Villagers Of Barki Punu - Appellant
Versus
Jharkhand State Electricity Board - Respondent
Decided On : 2 July, 2008

Accountability of authorities in providing electricity to rural areas and the court's power to direct temporary arrangements for electricity supply.

Headnote:

Electricity - Rural Electrification - Jharkhand State Electricity Board - Tenughat Vidyut Nigam Limited - 1.7.2008 - [Electricity Act, 2003, Section 67(1)(a); Electricity Act, 2003, Section 68(1)(b); Electricity Act, 2003, Section 86(1)(a)] - The court directed the authorities to explain why the villages had not been provided electricity and subsequently, a temporary arrangement was made for supplying electricity to the village Barkipunu from Lalpania Power Sub-Station of TVNL for a period of four months, with the Jharkhand State Electricity Board bearing the expenses. The JSEB committed to making permanent arrangements for electricity supply in consultation with DVC, failing which the petitioner could bring the matter back to the court.

Fact of the Case:

The villagers of village-Barki Punu sought direction for energizing their electrical connections, which had not been done despite the process of electrification starting in 2002.

Finding of the Court:

The court directed the authorities to explain the delay in providing electricity to the villages and subsequently a temporary arrangement was made for supplying electricity to the village Barkipunu for four months, with the commitment to make permanent arrangements for electricity supply.

Issues: Delay in providing electricity to the villages, responsibility of JSEB and TVNL, and the commitment to make permanent arrangements for electricity supply.

Ratio Decidendi: The court held the authorities accountable for the delay in providing electricity and directed a temporary arrangement for electricity supply, with a commitment to make permanent arrangements.

Final Decision: The matter was adjourned for four months, with the petitioner being allowed to bring the matter back to the court if the commitment and assurance given by the Board were not complied with.

JUDGMENT

1. Reference may be made to the order dated 27.6.2008 which reads as under- In this Public Interest Litigation, the villagers of village-Barki Punu represented through the petitioner sought for appropriate direction for energizing their electrical connections, which have not been done till date. According to the villagers, pursuant to the notices issued by the Electricity Board and Newspapers for rural electrification, the villagers of Barki Punu in the district of Bokaro applied for their electrical connections. About 324 intending consumers submitted their applications with the respondent- Board with the requisite deposits. Accordingly the process of electrification started as far back as in the year 2002 with the erection of electrical poles and even with installation of number of transformers in the said village, but power supply could not be finalized, despite repeated demands made by the villagers for the last more than five years. J.S.E.B (Jharkhand State Electricity Board) has filed counter-affidavit, wherein it is stated that the electrification work for village-Barki Punu was almost completed, but since there was no source of power supply, a reqauest was made to the Managing Director, T.V.N.L (Tenughat Vidyut Nigam Limited), Lalpania, for release of 1 MVA power for supplying electricity to the said village. It is further stated by the Board that all measures were taken for electrification of the said village but a direction was sought for release of 1 MVA power from Lalpania power sub-station for supplying power in the village- Barki Punu. On the other hand, in the counter-affidavit filed by T.V.N.L, it is stated that supply of power to Barki Punu village by it (this respondent) cannot be made directly in the light of the purchase agreement between T.V.N.L is a generating company and generating electricity and has agreed to sell the total generated electricity to J.S.E.B, which transmits and distributes the same after purchase from T.V.N.L. In the rejoinder to the counter-affidavit filed by T.V.N.L, J.S.E.B has stated in para-11 that T.V.N.L. is distributing power supply to three villages, i.e., Lalpania, Tilaiya and Kodwatand and various shops. A counter-reply has been filed by T.V.N.L. It is stated therein that the villages mentioned above have been adopted by T.V.N.L for extending welfare activities and for that reason, electricity are being supplied. We take serious exception and record our displeasure over the manner in which these Public Sector Undertakings, totally under the hands of the State Government, are functioning. They are acting as if a person, who has issue, but is adopting a child for getting his estate. We also put on record that on the one hand, the State of Jharkhand is claiming that it has taken a vow to electrify all the villages and that thousands and thousands of villages have been provided electricity, but the reality is otherwise. We have no hesitation in saying that if is only because of inaction of the State Government, T.V.N.L and J.S.E.B, these villages have not been electrified, although the villagers of those villages have applied in 2002, deposited the requisite amount of security etc. and poles were erected and transformers were installed. It is apparent that either of the two Corporations has sworn false affidavits, which we shall deal with at the appropriate stage. For the present, we direct the Chairman, J.S.E.B, the General Manager, Hazaribagh Supply Area, J.S.E.B., the Managing Director, T.V.N.L and the Secretary, Energy Department, Government of Jharkhand, to appear in person on 2.7.2008 and to explain before this Court as to why those villages and other villages have not been provided electricity till date. It is advisable that before appearance, all the three authorities sit together and take a decision in the matter. Post this case on 2.7.2008. Let copies of this order be given to the counsel appearing for the parties.

2. Pursuant to the aforesaid order the Chairma










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