Jaya Roy, J. - (1.) HEARD learned Counsel for the parties on the prayer made by the Jharkhand State Electricity Board as well as the D.V.C praying that in pursuance to the order of this Court passed on 18.5.2011, the Officers of Jharkhand State Electricity Board (JSEB) and Damodar Valley Corporation (DVC) have convened the meeting at Kolkata on 17.6.2011 to discuss the situation and found that presently the power position out side the command area which is under the D.V.C. is controlled by the Jharkhand State Electricity Board (JSEB) is smooth if (i) T.V.N.L./S both units are under operation making 380 M.W. to 400 M.W. power, (ii) generation from Patratu Thermal Power Station (PTPS) is 70 M.W. 100 M.W. and (iii) Central allocation arrangement between 350 M.W. to 400 M.W.
(2.) ACCORDING to the minutes of the meeting under the above circumstances, the Jharkhand State Electricity Board (JSEB) can meet its power requirement without having any utilization of 100 M.W. power given by D.V.C. It is also indicated that during rainy season Hidle Power Generation gains optimum level, whereas during the winter season it steps down to low as low as around 1520 % of the capacity. According to the Central allocation power to J.S.E.B. including Hydle Power falls down as low as around 200 225 M.W., then it has been observed that in the given situation of uncertainty of availability of power, the J.S.E.B. and D.V.C mutually agreed to the following, subject to approval of the Hon'ble Jharkhand High Court: 1. When there will be surplus power in J.S.E.B. system, J.S.E.B. will inform D.V.C. on day ahead basis as per Short Term Opes Access Regulation of Central Commission (CERC) that it will not draw 100 M.W. or such quantum as may be surplus in J.S.E.B. system. D.V.C. will prepare scheduling accordingly. 2. In case J.S.E.B. is in need of power during contingency on such days when J.S.E.B. did not make any requisition on day ahead basis, D.V.C. will start scheduling of the quantum of power limited up to 100 M.W. effective from 6th Block from the time of such requisition made by J.S.E.B. as per Indian Electricity Grid Code (IEGC). J.S.E.B. will keep the letter of credit alive as per existing value for payment of energy bill under STOA as per order of the Hon'ble Jharkhand High Court. D.V.C. will realize the amount as per actual bill from the I.C. 3. Learned Amicus Curiae drew our attention to the order of this Court dated 13.1.2010 by which after considering the entire facts as well as in consonance to the several earlier orders passed in this respect, directed the D.V.C. to supply additional 100 M.W. power to Jharkhand State Electricity Board and observed that such direction of this Court has already been upheld by the Supreme Court. The D.V.C. on earlier occasion submitted its prayer for reducing the supply of the electricity to the Jharkhand State Electricity Board from 100 M.W. to lower level. But, that has been rejected by this Court specifically.
(3.) TODAY , learned Counsel appearing for the Jharkhand State Electricity Board also submitted that sometimes due to availability of full power supply from other sources, there remain No. requirement of total 100 M.W. power from the D.V.C. and in view of the orders of this Court, the D.V.C. is under obligation to supply 100 M.W. electricity to the Jharkhand State Electricity Board and when Jharkhand State Electricity Board remain it surplus that electricity cannot be utilized, then this electricity cannot be stored and it goes waste and ultimately it is a national waste and that too at the cost which is to be incurred by the Jharkhand State Electricity Board.;