APURBA KR SARMA Vs. A S E B

JUDGEMENT

(1.) By means of this Public Interest Litigation, the petitioner has highlighted the dangers and hazards to which people in general are exposed to because of the lapses on the part of the respondents, as a result of which all the necessary measures are not beiing taken to provide closed structures for the: street boxes contracting apparatus for transforming, switching, controlling or otherwise regulating electrical energy. Referring to the Rules on the subject, it is submitted that owners of all street boxes or pillars containing circuits or apparatus shall ensure that their covers and doors are so provided that they can be opened only by means of a key or a special appliance. Such electrical apparatus have teen installed at different places; but they are not properly maintained. Danger notices are to be affixed permanently at conspicuous position with a sign of skull and bones to warm the people of the danger at such spots. All the precautions are to be taken, as far reasonably possible, to prevent any influx of water or gas in the street boxes.

(2.) Due to non-maintenance and non-adherence to the norms prescribed, accidents have occurred taking lives of innocent people. Some photographs have been taken in the city of Guwahati and published in the newspapers as well as enclosed along with the petition to demonstrate the grievance raised in the petition. One of the photographs at P. 16 of the paper book (Annexure-P to the petition) also shows a victim of an accident.

(3.) Considering the danger involved and the hazards to which the people in general are exposed to, the Court by order dated 9.6.99 had directed the Chief Electrical Inspector, Government of Assam, to conduct a survey in regard to such street boxes and other apparatus and applicances installed in Guwahati city which are open to risk and are not being property maintained. The Chief Electrical Inspector-cum-Adviser, Government of Assam has filed an affidavit dated 27 January, 2000, a reading of which shows that the position is very bad indeed and it appears that no attention is being paid at all to this aspect of the matter and despite the rules and guidelines on the subject as to in what manner and by whom the said safety measures are to be taken, they are constantly being neglected. The report of the Chief Electrical Inspector indicates the following position, which is extracted below:-