- (1.) HEARD learned Counsel for the parties.
(2.) THIS is the stand of the Amicus Curiae that there was a hearing in the Commission, and the approach of the Commission so far had been very charitable to the Board and even the stringent orders passed against the Board had not been followed. Another aspect pointed out by the learned Amicus Curiae was that the Board is taking refuse behind the situation that despite special courts created for the purposes of electricity offences, they have not been functioning properly. As against this, learned Amicus Curiae pointed out that under Section 153(4) of the Indian Electricity Act, the proceedings could be disposed of by the District Judge concerned and any other Judicial Officer. Therefore, this aspect that the courts have not been functioning is only an eye wash and the Board is not desirous of proceeding in the matter and it is the irony that there are 15,000 F.I.Rs and there are Rs. 3,500/ - Crores or a like amount due against the consumers, which the Board has not been able to realize. This information is given by the learned Counsel appearing for the Commission to the Court. The other aspect pointed out by the learned Amicus Curiae is that the Patratu Generating Stations have been a kind of defence by the State Government and the Board, but the amount so far spent on the renovation of these plants has not resulted into any fruitful consequences. It would have been better, if, instead of going for renovation, the State Government would have gone for establishing new plants because all these plants are 30 years old and they have lived their life.
(3.) LEARNED Amicus Curiae pointed out that there are directions by this Court in the orders dated 1.5.2008 and 21.12.2009 and even when only one of the directions contained in these orders only has been stayed by the Hon'ble Supreme Court, the other directions had not been complied by the Respondent State and the Board and it would be appropriate, if contempt proceedings are initiated against these two authorities for non -compliance of the orders of this Court, which were passed much before.;