HARYANA VIDYUT PRASARAN NIGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The Haryana Vidyut Prasaran Nigam (for short, HVPN) claims through the writ petition a direction for payment of Rs. 19,15,64,377.30 paise as the amount that was required to be made good principally by the Union Territory of Chandigarh and the Bhakra Beas Management Board (for short, BBMB) in the manner of pilferage of electricity alleged to have been caused by the respondents, who are arrayed as respondents 2 and 4. The Union of India is arrayed as the 1st respondent liable for the activities of the officers of the Union Territory. The Chief Engineer, Engineering Department is also made as a party as the officer at whose instance, the pilferage was alleged to have resulted. The claim is made by the petitioner as a successor organization to the Haryana State Electricity Board. In the manner of production of electricity from Bhakra Dam, a project that involves the States of Himachal Pradesh, Punjab, Haryana and Rajasthan, there was an agreement originally between the States of Punjab and Rajasthan for distribution of power that was generated in the ratio of 84.78:15.22. Subsequently on the formation of the States of Punjab, Haryana, Himachal Pradesh and Union Territory of Chandigarh, the proportion of the entitlement of share was distributed amongst the 4 above named entities in the ratio of 54.5:39.5:2.5:3.5 respectively. This arrangement of apportionment had been brought about through an agreement dated 17.06.1967.

(2.) The power to Chandigarh from BBMB from the place of power generation, is transmitted through the 66 KV Sub Station at Chandigarh. It receives power from Dhulkote and Pinjore in Haryana respectively. The petition claimed, as genesis to the claim made, to a situation in the year 1989, where it was alleged that one M/s Bhushan Industries situate in Chandigarh was committing theft of energy and the complaint was ordered to be investigated when it was found that M/s Bhushan Industries was the beneficiary of a release through a 33 KV bus (i.e. a small power feeder) installed at 66 KV power station at Chandigarh. Thus the power supplied from the 66 KV Sub Station was being given directly to M/s Bhushan Industries through 33KV independent feeder from Chandigarh. No approvals had been taken from the competent authorities and the investigation revealed that the supply was un-metered. According to the counsel, it meant that the power generated by BBMB to feed the Chandigarh consumers through its 66 KV Sub Station was surreptitiously allowed to be pilfered by a private Company without any metering to regulate or calibrate the power consumed by the private Company.

(3.) The Haryana Electricity Board after investigation wrote to the BBMB authorities, but there was no response and a complaint was registered with the CBI. It held after investigation that the officials of the Union Territory had connived with M/s Bhushan Industries for committing theft but the report of the CBI was not followed up through any action.