M. Y Eqbal, ACJ.-

This Public Interest Litigation has a chequered history.

2. In the year 2001, the petitioner, who is a practicing Advocate of this Court, took the cause of general people who were suffering for the last so many years because of load shedding, non-supply and interrupted supply of electricity in Ranchi town as also in the entire State of Jharkhand. There had been theft of electricity, pilferage in course of transmission and unauthorized tapping of electric power. Since 2001, this Court time to time issued directions on the basis of affidavits filed by the authorities of the Electricity Board. The orders passed by this Court since 2001 can be summarized as under:-

10.5.2001 :-By this order, the Chairman, of the Jharkhand State Electricity Board (in short 'the Board') was directed to personally ensure that he shall hold the Junior Engineer in-charge of his jurisdiction for ensuring that there is 0% unauthorized tapping of electric power from any source and by any means and in the event of the failure, the Junior Engineers shall be held responsible.

2.4.2001 :- The Chairman of the Electricity Board was directed to file affidavit informing the Court as to whether it is a fact that there are regular disruption in the power supply to Ranchi town, regular unannounced and unscheduled power cuts. If these are the facts, then what remedial measures the Board intends to take and in how much time.

3.7.2002:-Chairman of the Board was directed to file fresh affidavit informing the Court the timeframe within which the work relating to underground cabling on major roads of Ranchi Town shall be completed. The Board undertook before the Court that it shall be done within a reasonable time and would take steps on top priority to ensure that the Board modernizes the repair/ maintenance structure and apparatus for continued supply of electricity.

3.9.2002:-Gn that day, the Court by its order accused the Board of not taking decision in time and not making available the fund and not providing additional material and other facilities for complying the earlier order. .

6.8.2003:-0n that day it was brought to the notice of the Court that there was absolutely no improvement in the supply position of electrical power even in the capital town of Ranchi, though time and again the State Government and the Board promised to take drastic steps to improve the present position so as to ensure proper and uninterrupted supply of power to the consumers. The Chairman of the Board was directed to file affidavit reporting the progress in the work of underground cabling in the town of Ranchi.

3.9.2003:-0n that day, the Board indicated that it has shortage of fund and huge amount of dues on account of energy consumption from Government Departments. The Court directed that the Board will issue bills to the concerned departments and take action under the Electricity Act, 2003.

17.12.2003:- The Court directed the Board to take necessary steps for reducing the transmission loss which according to the Board was 47%. The Board was asked to explain what steps it has taken for reducing the transmission loss.

7.10.2004:-By order of the Court petitioner was permitted to implead the Union of India through Secretary, Energy Department, New Delhi as party-respondent. The Chairman of the Board and the Secretary, Energy Department, Govt. of Jharkhand were directed to file affidavit furnishing the detailed information about the requirement of electricity in Ranchi Township and in the State of Jharkhand, the general capacity of the Thermal Power Station/Hydel Power Stations of Jharkhand, the actual generation made by such Thermal Power Stations, which are the companies from which the Board purchases electricity such as D.V.C., etc.

5.11.2004:- The Court observed that the Board is not in a position to run its business viz. generation, transmission and supply of electricity without the help of State Government. It was found that generation, transmission of supply of electr