S.K.GARG Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Ravi Kant, learned Counsel for the petitioner, Sri Sudhir Agarwal, learned Counsel for the U.P. State Electricity Board and Sri Pradeep Kumar, learned Additional Chief Standing Counsel for the State Govern­ment. The Chief Engineer, Distribution, U.P., S.E.B., Allahabad Zone is also per­sonally present.

(2.) THE petitioner is an Advocate practicing in this Court and is also the Vice President of Allahabad, High Court Bar Association, He has filed this petition as a public interest litigation regarding the acute shortage of electricity supply in the State because of which the citizens of the State are in grate agony in this hot summer and a large number of people have already died due to heat wave in U.P. The petitioner has alleged that there are un­scheduled power cuts for long periods of time and the citizens are living in an infer­no because of that. The electricity usually goes off without notice and in this hot weather this is adversely affecting the citizens lives and health. Unless strong action is taken in this regard immediately the death toll due to heat and dehydration is likely to rise rapidly in the coming days in this summer. The temperature in Al­lahabad has already risen to 46 °C and in some places in U.P. it has gone upto 49 °C. It is alleged in paragraph 5 of the petition that the electricity goes off without notice in the town. It goes off in hospitals even when patients are undergoing operations. Likewise, in the industries where produc­tion is a continuous process disconnection or disruption of supply causes irreparable loss. In paragraph 6 it is alleged that small industries bear the brunt of these power cuts. In case of failure of energy their en­tire investment goes down the drain and they have to suffer recurring investment loss in the shape of re-engagement of labour and purchase of raw materials as well as the maintenance of establishment. In paragraph 7 it is alleged that domestic power consumers too have been suffering very heavily. Ailing persons are unable to bear the grueling summer heat due to un­scheduled frequent power costs. Students cannot prepare properly for their ex­aminations. In paragraph 9, it is alleged that most of these problems are at­tributable to the mismanagement of the Board itself. The transmission losses are 45% of the revenue and the Board is deep in debt. Its employees are in collusion with big industrialists whose bills are slashed on payment of token money. A large num­ber of persons are illegally taking wire connection by 'katia' and the Board is doing nothing about it, rather the employees of the Board are often in col­lusion with these persons. The staff of the Board has been showering undue favour and hospitality to big consumers including public departments who do not pay their bills or get their bills reduced by collusion. Annexure-1 is the chart showing arrears of electricity in district Fatehpur. This chart shows a huge amount of arrears of Fateh­pur District amounting to Rs. 2035.34 lacs. Fatehpur is only a small district and ar­rears in other districts would be much larger. Annexure-2 is a cutting of the news paper Northern India Patrika of 16-5-1998 wherein it has been stated that the citizens of Allahabad are facing searing and gruell­ing months ahead. The U.P. Power Mini­ster gave a statement in a press conference in the presence of the officials of the Electricity Board that unscheduled rostering would not be resorted to and that the power position would not worsen and the harried residents of this city had heaved a sigh of relief hoping that the power posi­tion would improve but nothing has been done and day after day unscheduled inter­mittent cuts, some lasting long hours have begun to play havoc making people claim that the Minister's directive had fallen on deaf ears. Electricity has become a rare commodity and the citizens are never told why such cuts are being imposed without any prior notice.

(3.) IN paragraph 20 of the writ petition it is alleged that big industrial towns such as Kanpur, Ghaziabad, Moradabad, Bareilly, Lucknow, Dehradun, Nainital and Allahabad have heavy arrears dues and power cuts are on account of dis­rupted power supply while the officials seem to be unconcerned with the woes and agony of the common man. In paragraph 21 of the writ petition it is alleged that on. account of shortage in power supply the professionals too have to suffer a lot. Doc­tors, Engineers and lawyers are forced to cut down their sittings in chambers on account of power cuts. In paragraph 22 it is stated that the staff of the Board acts with supersonic speed promptitude and despatch in disconnecting electricity of domes tic consumers.