Navodaya Vidyalaya Samiti v. The Bihar State Electricity Board

Heard counsel for the parties. Prayer in this writ application reads as follows:- “1. That the present writ petition is being filed for issuance of an appropriate writ (Mandamus) or order (s) or direction (s) upon the respondents to provide electricity connection by constructing 11 K.V. line to the premises of petitioner no.3, without any further delay, in pursuance of the payment of Rs. 21.45 Lacs by the petitioners through demand draft on 26/03/2001 to the Respondents as per their estimate dated 03/08/2000 so forwarded by their letter dated 4/8/2000 and further to pay such compensation as your lordships deem fit and proper within the prevailing facts and circumstances of the case, more particularly in view of the position that the non-supply of electricity by the respondents pursuant the payment made by petitioners, the petitioners were constrained to maintain generator, incurring an expenditure of Rs. 5,50,000/- (Rupees Five lacs fifty thousand only) approximately per year towards diesel, mobile and maintenance expenses, 2 with a further prayer that in case the respondents are unable to provide electricity connection they be directed to refund the amount of Rs. 21.45 lacs with interest at the rate of 8% w.e.f. the date of payment of the estimated amount of Rs. 24.45 Lacs i.e. w.e.f. 26/03/2001.” In this connection, reference may be made to the earlier orders passed by this Court on 10.2.2009, 20.2.2009, 2.3.2009, 16.3.2009 and

17.4.2009, which would speak for themselves. Suffice to say that in these orders, this Court had expressed its anguish and disgust against respondent authorities of Bihar State Electricity Board for not providing electric connection to the petitioner. A supplementary counter affidavit has been now filed on behalf of the respondent which has been sworn by Sri Satyendra Kumar Singh, I/C General Manager-cum-Chief Engineer, Gaya, Magadh Electric Supply Area wherein it has been stated that the service connection to the Jawahar Navoday Vidyalaya, Jethian, Gaya has been provided on

30.4.2009 after affixing a meter. The plea taken by the In-charge General Manager, therefore, is that when the electrical connection has been energized with effect from 30.4.2009, the order of this Court has been complied. It may only be recorded that the respondent authorities of the Board have been trying to say this fact to this Court for last three years that either there is no merit in the grievance of the petitioner or that the grievance of the petitioner was wholly artificial. The fact of the matter, however, is that the petitioner happens to be a rare consumer because it has paid the entire dedicated cost for its own installation which has not 3 been probably paid in this State by any other H.T. consumer. Despite this, the petitioner was not even given electrical connection earlier on the ground that Board had once laid down conductor and if the same was stolen, the Board was no longer responsible for providing electricity. When this plea was rejected and the General Manager, Magadh, Gaya was to appear in person to explain his such callous and lethargic approach, only then actions have been taken which has now at least resulted into providing a service connection to the petitioner no.1 and its energization. Counsel for the petitioner, however, would submit that there are still a number of anomalies. He submits that first of all the voltage which is now being received by the school is not even good enough to operate the electrical motors installed for pumping of water. It is further submitted that the way in which the entire electrical connection have been laid would be hazardous and dangerous for the inmates of the school who are young children studying over there. The In-charge General Manager who is present in the Court assures that none of the aforesaid problems being faced by the petitioner school would be allowed to continue and he takes a personal responsibility to ensure that the electricity to the said school will be made available on priority basis as in capacity of HT-1 consumer and if necessary, the existing conductors would be replaced to ensure and augment the present low voltage and also for removal of danger to the life of inmates of the school. This Court would, therefore, record the aforesaid undertaking of 4 the In-charge General Manager with a clear note of caution to him if they are not complied by him in letter and spirit within a period of three months from today. This Court would hold him and his successor General Manager-cum-Chief Engineer, Magadh Area personally liable for being proceeded and punished for contempt of this Court for not ensuring the proper supply of electricity to the school, which after paying a sum of Rs. 21.45 lacs approximately w.e.f. 26.3.2001 had suffered for more than eight years even in getting its an electric connection. That being so, this writ application is disposed of with a direction to the In-charge General Manager of Magadh Area and his successor General Manager to ensure that the school continues to get the assured supply of electricity with a voltage that would enable them to function properly and also that electrical connection remains safe and secured for the children of the school. The personal appearance of the In-charge General Manager- cum-Chief Engineer, Gaya is dispensed with. Rsh (Mihir Kumar Jha, J.)