M. H. P. Rao v. A. P. Transmission Corporation, Hyderabad
2001-09-18
S.B.SINHA, V.V.S.RAO
body2001
DigiLaw.ai
S. B. SINHA, CJ. ( 1 ) THE petitioner herein has filed this writ petition in public interest praying for issuance of a writ of mandamus declaring the action of the 1st respondent in not supplying the electricity to all the consumers in the licensees area at the declared frequency and voltage as per Rules 54 and 55 of the Indian Electricity Rules, 1956 as illegal, arbitrary and ultra vires of the Indian Electricity Rules. ( 2 ) THE knowledge and expertise of the petitioner in nuclear technology and electrical engineering is not in dispute. As to how the change in the voltage potency of the electricity supply had been causing tangible losses and intangible losses amounting to several crores of rupees besides posing a danger to the electricity distribution system in the Southern Grid, being violative of Section 26 of the electricity Supply Act and Rule 55 of the indian Electricity Rules, is mentioned in this writ petition. The relevant provisions read as under: section 26 of the Electricity (Supply) act, 1948 26. Board to have powers and obligations of licensee under Act 9 of 1910:- Subject to the provisions of this Act, the Board shall, in respect of the whole State, have all the powers and obligations of a licensee under the Indian Electricity Act, 1910 (9 of 1910) and this Act shall be deemed to be the licence of the Board for the purposes of that Act: provided that nothing in Sections 3 to 11, sub-sections (2) and (3) of Section 21 and (Section 22, sub-section (2) of Section 22-A and Sections 23 and 27) of that Act or in (Clauses I to V, Clause VII and Clauses IX to XIII of the Schedule to that Act relating to the duties and obligations of a licensee shall apply to the Board: (Provided further that the provisions of clause VI of the Schedule to that Act shall apply to the Board in respect of that area where distribution mains have been laid by the Board and the supply of energy through any of them has commenced.) rule 55 of the Indian Electricity Rules: 55.
Declared frequency of supply to consumer: Except with the written consent of the consumer or with the previous sanction of the State Government a supplier shall not permit the frequency of an alternating current supply to vary from the declared frequency by more than 3 per cent. ( 3 ) KEEPING in view the fact that the matter pertains to Science and Technology, a Division Bench of this Court appointed a committee of four Members comprising Sri narla Tata Rao, a well known Electrical engineer and Retired Chairman of A. P. State electricity Board, the petitioner herein and two other Experts to be nominated by each of the respondents 2 and 3 herein. Respondents 2 and 3 herein nominated Sri k. Balarama Reddy and Sri J. V. Sastry as the members of the said Committee respectively. ( 4 ) THE said Committee took into consideration the averments made by the petitioner and the response thereto by respondents 1 to 4 herein. With regard to the frequencies issue, it was observed that the only way of ensuring the desired frequency levels is either to shed the load as may be required in the individual States or bring in additional generating capacity if the time of low frequency situation in some of the generating units at the hydel stations can be brought into reduce the gap between generation and the system load and bring back the system frequency to the required level. ( 5 ) THE learned Members of the committee observed: connected as it is with a power system of the Southern Region, APTRANSCO will not be in a position to control and keep the frequency at the required levels unless all the other States namely, Tamilnadu, karnataka and Kerala co-operate and implement the directions of the Southern regional Load Despatch Centre at Bangalore which is the agency created for ensuring proper operating conditions in the entire southern Region. ( 6 ) THE Committee made the following recommendations: as far as A. P. is concerned it has to take the following steps to improve the operation of its system and help the Southern Regional load Despatch Centre: reduce the prevailing gap between the demand and the generating capacity. If there is no generating capacity available one has to restrict the demand.
If there is no generating capacity available one has to restrict the demand. The situation is likely to improve during the course of the next two years with the commissioning of the power stations listed in Annexure-7 and is a continuous process. Until these stations come up APTRANCO should keep a very close watch while sanctioning any additional loads to the system as this will only increase the gap between the capacity available and the load. Reduce the prevailing very high transmission and distribution losses whether technical or non-technical. Some measures are already being taken up in this direction but these have to achieve the anticipated results within a strict time schedule. No significant improvement has taken place inspite of the reported efforts of APTRANSCO. The reduction of Tandd losses will supplement the available energy and capacity for meeting the demands of the consumers. Follow the directions of the Southern regional Load Despatch Centre and insist on other States doing the same. ( 7 ) AS regards the Voltage Issue also, the Members of the Committee gave several suggestions on generations and transmissions. Its conclusions are: frequency maintenance at the declared level is not a practical proposition not only in A. P. but in the entire Southern Region unless:-"additional generating capacity comes up in the region to match the load in the region. This is likely to take some time and varies from State to State but in the meantime the States should be prepared to shed some of the existing loads of their systems whenever required as per the directions of the Load Despatch Centre at Bangalore and addition of new loads should be done cautiously. Otherwise, the consumers have to be persuaded to reconcile themselves to the poor quality of supply for some more years. Voltage levels can be improved to some extent before additional generating capacity is added in the individual States and steps in this direction should be expedited. " ( 8 ) DR.
Otherwise, the consumers have to be persuaded to reconcile themselves to the poor quality of supply for some more years. Voltage levels can be improved to some extent before additional generating capacity is added in the individual States and steps in this direction should be expedited. " ( 8 ) DR. NARLA Tata Rao while enclosing a copy of the report of the Committee appointed by this Court addressed to the registrar of this Court observed: while the consumer s right to ask for the quality of supply as per provisions of the various enactments cannot be questioned, the Committee examined the predicament of the supplier in meeting his obligations under the circumstances prevailing in the Southern Regional Grid of which aptransco s own grid is a part and cannot be isolated except in emergencies and indicated what TRANSCO can and cannot possibly do now and in the near future. There are many other issues which could possibly be discussed and commented upon concerning the power supply industry in the State and in the country for a better management of this sector considering the qualifications and experience of the members of the Committee but a great restrain has been exercised to refrain from it. Timeframe is also one of the considerations. Moreover the State and Central Regulatory commissions could be asked to do this job for taking care of the interests of the consumers and of the licensees. With the limited time at its disposal the Committee made an attempt to make the report brief discussing only the two issues referred to earlier. ( 9 ) MR. KODANDA Ram, learned Counsel appearing on behalf of the petitioner would submit that the helplessness expressed by the respondents herein in making the quality supply in terms of the various provisions cannot be a ground for non-interference in the matter. The learned Counsel would submit that having regard to the opinion of the Expert Committee, this Court should direct the respondents to take appropriate steps in the matter. ( 10 ) THE learned Advocate-General appearing for the respondents however would submit that at this stage, the Court has no further role to play as the report of the committee is receiving serious attention of the respondents.
( 10 ) THE learned Advocate-General appearing for the respondents however would submit that at this stage, the Court has no further role to play as the report of the committee is receiving serious attention of the respondents. ( 11 ) THIS Court does not have expertise in the matter and therefore appointed a committee of Experts who have the requisite knowledge and experience and indeed the report can be said to be an authority on the subject for the purpose of ascertaining as to what corrective measures can be taken by the respondents herein. The magnitude of the problem highlighted by the Members of the Committee is mind-boggling. It has been, pointed out that all the States of the Southern grid must sink and swim together. The concerted efforts by all the Members of the southern Grid are thus required to be taken. In a situation of this nature, we are of the opinion that issuing directions to the respondents herein at this stage may not be of much utility. The petitioner having knowledge and experience in the matter has rightly highlighted the issues vital for maintenance which will have far-reaching repercussion. The petitioner himself was a member of the Committee. He is also a signatory to the report. In a situation of this nature, this Court is of the opinion that the only direction this Court can give upon the respondents at this stage is to consider the recommendations of the expert Committee and take appropriate decision. The respondents being statutory authorities are bound by the provisions of the statutes. The Central Electricity Authority has a great role to play in this regard and must exercise its statutory duties and functions not only keeping in view the provisions of the Indian Electricity Act, electricity (Supply) Act and the rules framed thereunder, but also in terms of the Central electricity Regulatory Act and other relevant statutes if any. ( 12 ) THE right of the consumer to have quality electricity supply as envisaged under the provisions of the statutes aforementioned should receive the highest consideration of the respondents. For the said purpose, we have no doubt in our mind if the services of the Members of the Committee or other experts are requisitioned, they would make their own contributions to solve the gigantic problem.
For the said purpose, we have no doubt in our mind if the services of the Members of the Committee or other experts are requisitioned, they would make their own contributions to solve the gigantic problem. ( 13 ) WE therefore dispose of this writ application by directing the respondents to consider the desirability by following the recommendations made by the Committee in true letter and spirit. In the circumstances of the case, there shall be no order as to costs.