Inability to provide regular power supply
Court issues notice to Power Commissioner
Source: Hueiyen News Service
Imphal, January 20, 2011:
In an order of a Division Bench of Gauhati High Court, Imphal Bench comprising of Justice BK Sharma and Justice Asok Potsangbam today issued notice of motion returnable within four weeks to the Commissioner/Secretary (Power), Government of Manipur, Chief Engineer (Power) Electricity Department, Government of Manipur and the Joint Electricity Regulatory Commission for the State of Manipur and Mizoram through its Secretary.
The PIL filed by Dr Amar Yumnam, Dr Angomcha Bimol Akoijam and Pradip Phanjoubam against the state government is a petition filed under Article 226 of the Constitution of India for assurance of a Writ in the nature of a Mandamus or any other appropriate Writ or direction or order directing the respondents to provide uninterrupted, reliable and safe electric power for 24 hours a day to all bonafide consumers of electric power in the state.
In the petition, it was mentioned that consumers of electric power in the state are getting only about 3 hours of power supply in a day while its neighbouring states like Mizoram, Nagaland and Assam get 24 hours of uninterrupted power supply.
It is further maintained that considering the peak hour requirement of 170/180 MW, the state government could afford to purchase only about 90 MW from sources like NEEPCO and NHPC out of which 80 percent are lost every month due to power theft and tripping.
The state electricity department spends Rs.11.5 crore every month in purchasing power, however it can collect only Rs.1.5 crore as tarrif from consumers due to systemic failure and widespread corruption in the department.
Although Manipur has a hydro power potential of 2000 MW, at the moment the power sector of the state is by and large powerless to meet even the domestic requirement of about 1,74,127 consumers.
The department so far utilises only 5 percent of the total potential.
Tapping of 60 percent of the potential will serve all purposes including earning a handsome revenue.
The state purchased 438 MW from NEEPCO and NHPC in 2005-06.The gap between demand and supply remains constant in spite of so-called attempts of the 3918 existing staff of the department.
In 2003-04, the gap was highest with 48 percent which was followed by 39 percent in 2005-06. The level of power consumption in the state is fairly low.
The per capita consumption is only 146 KWH in 2004-05 while the all India average was 354 KWH.
At present, the state electricity department has not taken up appropriate steps to recover arrears of electric bills from the defaulters in accordance with the procedure established by law.
Instead, the department has been subsidizing the defaulters and penalizing the regular payees by subjecting both to equal access and equal darkness.
Such an act implies absence of regulatory mechanisms and an absolute lack of governance, the petition mentions.
It may be reminded that the right to access to reliable and safe electric power is fundamental to life in modern times and there is duty on the state under Article 21 of the Constitution of India to provide reliable, safe and uninterrupted electric power to its citizens, and as such, failure to provide reliable electric power to bonafide consumers is violative of Article 21 of the Indian Constitution.
During the hearing of the PIL, Justice BK Sharma observed that he also experienced a black out last night and said that he was forced to get up early since he did not get a proper sleep.
Justice Asok Potsangbam also observed that the neighbouring state of Nagaland gets uninterrupted power supply although they do not produce electricity in the state.
On the other hand, Manipur which a state that produces electricity can not provide uninterrupted power supply to its consumers.
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