- (1.) HEARD the learned counsel for the parties.
(2.) LEARNED counsel for the petitioner brought to our notice that this Court passed order on 17-5-2010 which required something to be done by the respondent Board. On 27-8-2010, Advocate General sought for time to comply with the order passed by this Court and three weeks' time was granted. LEARNED Advocate General informs that they have filed the reply. On being questioned whether the entire direction has been complied with, he is not in a position to say that the entire direction passed on 17-10-2010 has been complied with. The scheme which was to come up, has not come up yet. The same may be finalized before the next date of hearing In the meantime, IA No. 2894 of 2010 was filed by the respondent Board on 2-8-2010 praying for the modification of the part of the orders dated 19-1-2010, 28-1-2010 and 17-5-2010. Prayer made in the aforesaid IA in para 9 reads as under : "That it would be relevant to state here that since thereafter generation of electricity within the control of State of Jharkhand has improved a lot and some excess electricity remains with the Board after meeting its demand. However, there is some system constraints and non-connectivity in absence of transmission network and the JSEB has not been able to fulfill utilise all the electricity available at its command." It was urged on behalf of the Amicus curiae that this application is a clear violation of the intent, purports and contents of the order No. 98. 176 and 181 passed by this Court on 1-5-2008, 27-11-2009 and 13-1- 2010. The respondent Board is not only not adhering to the directions issued by this Court notwithstanding the fact that all the directions, except one, have been approved by the Supreme Court and it is contended on behalf of the respondent that it is not in a position to utilise the electricity supply which is being made at its disposal. Such pretext cannot be countenanced and therefore the Board is clearly in contempt of the order of the Court.
(3.) PER contra, Mr. V. P. Singh, learned counsel for the Board submitted as follows : When this State was separated, it had got very dilapidated condition. The Electricity Board came into function since 1st of May, 2001 and thereafter there were certain difficulties. There were no regular Heads so far as Electricity Board is concerned. The Electricity Board is manned by the Senior I.A.S. Officers for the last three months. So far as the topography of the State of Jharkhand is concerned, so many lines passes through forest area and thundering prone area. The power supply sometimes is interrupted by the thundering and supply has to be closed and if it is connected with the generating station, the generating station will be damaged and that will be a very difficult situation. These were the backgrounds. So far as electricity is concerned, three major parts are there. First is Generation, Second is Transmission of the electricity and Third is Supply.;