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Synopsis

The Meghalaya High Court recently observed that electricity is no longer a luxury and it is the State’s responsibility to ensure that there is adequate availability of electricity as per demand.

The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said that apart from providing electricity as per current demand, the state government should have a plan in place to meet the increased future demands.

"Indeed, it is also open to the State to buy power from the open grid and enter into arrangements with power companies, several of whom operate in the North-East, to ensure that adequate electricity is available to the citizens, subject to the cost therefor being met by the citizens," opined the court. 

Court was dealing with a Public Interest Litigation filed by one Flaming B. Marak complaining of rampant power cuts in the State. 

During the course of the hearing, the Chairman of the Meghalaya Energy Corporation Limited (MeECL) apprised the court that in the state, the monthly demand of power is to the extent of 200 million units and the availability is only 88 million units. 

The officer alleged that such shortfall is because of a power plant in Tripura being shut down for technical reasons and the State has not found any alternative source for power yet.

Ironically, when the order was being dictated by the bench, a power cut happened. Taking note of the same, the bench opined, "The power has resumed within a few seconds, but it may be a sign that the State ought to give an adequate answer".

Court, therefore, ordered the state government and the MeECL to file independent affidavits to indicate the immediate, the short-term and the long-term measures and projections of demand and plan of action during the accidental shutdown of any power plant and alternative sources that may be available. Court directed the affidavits to be filed within a fortnight from the date of the order. 

The affidavits should also indicate equitable distribution of load-shedding hours and the alternative arrangements made for essential services like hospitals, airports and key installations, court further ordered. 

Importantly, while passing the order, court highlighted that in a matter pending before the high court, the National Thermal Power Corporation Limited has made a huge claim running into several hundreds of crores against the State for the State had entered into an agreement to draw a minimum guaranteed amount of electricity per year, but ultimately failed to obtain the same.

Case Title: Flaming B. Marak Vs. State of Meghalaya & ors