I.P.MUKERJI, J. - (1.) DEVELOPMENTS On 30th March, 1985, a meeting was held under the Chairmanship of Mr. Vasant Sathe, the then Minister of Steel, Mines and Coal. The Secretary, Department of Coal emphasised the need for an uninterrupted supply of power by NTPC, the respondent no. 3, from Farakka through an independent transmission line, to the Raj Mahal mine owned and operated by Eastern Coalfields Limited, (ECL), the writ petitioner, in Bihar, now in Jharkhand. The cost of laying this line would have to be borne by ECL. The Minister agreed. The Chairman of NTPC agreed to look into the matter. The proposals made on 30th March, 1985 were put into effect.
(2.) The transmission line was erected and, paid for by ECL. The cost was Rs. 17.86 crores. It was called the Farakka, Lalmatia Transmission System. It commenced supply of power to the Lalmatia (Raj Mahal) project of ECL from 14th June, 1990. It was a 220 KV 82.11 km. long line running from Farakka, for 9.5 km through West Bengal and 72.61 km. through Jharkhand to the Dhankunda substation of the distribution licensee, JUSNL, the respondent no. 9 and onward to the establishment of ECL, also the consumer through a distribution system also built by them. In the minutes of another meeting held under the Chairmanship of the Additional Secretary (Coal), Government of India, on 23rd October, 1991, a concrete decision was taken that the ownership of the transmission line would remain with ECL. The system would be continued to be operated by NTPC.
(3.) In or about October, 1992 the Bihar State Electricity Board expressed an intention to take over this transmission system. They wrote to the Additional Secretary, Ministry of Coal on 7th October, 1992, to this effect. On 2nd November, 1992 the Additional Secretary replied that it would not be possible for ECL to handover the system to the Board. It was clarified that power would continue to be supplied from Farakka to the Raj Mahal open cast mine of ECL. However, ECL would have to pay for it at the same rate as they would have paid as if they received it from the Board. So, upto today the Raj Mahal area of Eastern Coalfields Limited receives power supply from the Farakka Super Thermal Power Station of NTPC through the 220 KV Farakka, Lalmatia Transmission System. It is routed through the Dhankunda sub - station, Lalmatia which is under the JUSNL, the successor of Bihar State Electricity Board. NTPC is operating and maintaining this transmission system and the associated switchyard equipment.;