Electricity no longer luxury, State’s responsibility to ensure adequate availability: Meghalaya High Court

The Meghalaya High Court recently said that electricity is no longer a luxury and it is the government's responsibility to ensure that it is adequately available to citizens [Flaming B Marak v State of Meghalaya]..A bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh made the observation while hearing a plea complaining about rampant power cuts in the State and arbitrary load-shedding resorted to by the State authorities. "Electricity is no longer a luxury. It is the State’s responsibility to ensure that there is adequate availability of electricity as per demand and plans should be in place to meet the increased future demands," the division bench said. .According to the respondents, the monthly demand for power in the State was as high as 200 million units and availability was only 88 million units. It was further stated that such shortfall was because of a power plant in Tripura being shut down for technical reasons and the State finding no alternative source of power..However, the Court emphasised that it was 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, The State should ensure that adequate electricity is available to the citizens subject to the cost being met by the citizens, the Court said..Interestingly, the order noted that power supply was interrupted in the Court as it was dictating the order."The power has resumed within a few seconds, but it may be a sign that the State ought to give an adequate answer," the order said. .Thus, the bench directed the State and the Meghalaya Energy Corporation to file independent affidavits indicating the immediate, short-term and long-term measures, projections of demand, plan of action during accidental shutdown of any power plant and alternative sources that may be available..The case a will be taken up next on May 30..The petitioner was represented by advocate PT Sangma while the respondents were represented by advocates K Khan, AH Kharwanlang, S Shyam and S Sahay..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.