- (1.) THIS matter has been listed for further orders on the writ petition which initially had been filed by the petitioner, M.S. Mittal but it was subsequently, vide order dated 10.11.2006, treated by the High Court as a petition on its own motion and the petitioner was appointed as amicus curiae to support the suo motu proceeding.
(2.) THE primary issue which had been raised by the petitioner and was later taken up by the High Court is with regard to huge shortage of electricity in the State of Jharkhand and this Court ever since 2001, has been passing numerous orders to ensure that the Respondent -Jharkhand State Electricity Board do not (sic) behind in supplying the required electricity which is required for the State of Jharkhand. In the process, the Damodar Valley Corporation was impleaded as a party respondent along the Central Government and the Jharkhand State Regulatory Commission.
(3.) ON perusal of the materials on record, Mr. M.S. Mittal, Amicus Curiae invited the attention of this Court to the order passed by a Division Bench of this Court on 1.5.2008 wherein the Court, inter alia, had issued a direction as follows: The Central Government already agreed to supply 267 MW of electricity and D.V.C 150 MW. Both the Central Government and the D.V.C would ensure that they, as far as practicable, supply the agreed quantity of electricity. The D.V.C, as mentioned in the report filed by the Advocate General on the basis of the letter of the Chief Engineer, Commercial, and as submitted by the counsel appearing for D.V.C, will continue supplying 150 MW of electricity to the Board as per the earlier agreement. It is to be noted that only under very very special circumstances, when D.V.C will have no alternative, in that situation, the supply of electricity by D.V.C will be less than 150 MW. Further the D.V.C must be sincere to supply the said quantity of electricity to J.S.E.B as agreed.;