Decided on March 08,2006



- (1.) THE petitioner seeks directions to Power Development Department, Government of Jammu & Kashmir, referred to as "the primary respondent", to strictly follow the earlier orders of the Commission, to adhere to the provisions of IEGC, particularly Section 6.2 (1) and 7.4.4 thereof to avoid overdrawals from the Northern Regional Grid and also to pay the current as well as the past outstanding UI dues with up to date interest. THE directions are sought to other respondents also for strict compliance with the provisions of IEGC.
(2.) Heard the representatives of the parties. On behalf of the petitioner, it has been stated that a total sum of Rs.473 crore, excluding interest, was outstanding against the primary respondent for the period up to 12.2.2006. It has also been stated that the primary respondent has continued with heavy overdrawals during the months of December 2005 and January 2006, frequently endangering the grid security. We have also been informed that cheques (payment advice to Treasury) for an amount of Rs.100 crore earlier issued by the primary respondent have remained unpaid.
(3.) THE overdrawals and non-payment of UI charges by the primary respondent has a chequered history. Without going into the incidents of distant past, we confine ourselves to the proceedings arising out of Petition No.29/2004, also filed by the present petitioner for the similar directions as sought in the present petition. THE proceedings culminated into the following order made on 22.2.2005 after Secretary, Power Development Department of the State Government who appeared before the Commission gave assurances that overdrawals from the regional grid will be limited and the dues will be settled: (a) THE respondent shall make every effort to contain its drawals from the regional grid to its allocated share. THE respondent shall completely stop overdrawal from the grid when the frequency is below 49.0 Hz. This is necessary to avoid grid collapse and breakdown of power supply in large part of the country; (b) THE current dues starting from the week ending 30.1.2005 and onwards on account of UI charges and reactive energy charges shall be cleared by the respondent within 10 days in accordance with the existing regulations on the subject. Accordingly, no arrears shall be allowed to accumulate in future; and (c) THE recovery of arrears pertaining to the period prior to 30.1.2005 shall await the decision of the Central Government with whom the matter is presently pending. It needs no emphasis that the petitioner should continue to pursue with the Central Government to address the question of settlement of arrears in an expeditious and reasonable manner, as ultimately it is the responsibility of respondent to settle the dues.;

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