HC directive on NEEPCO arrears

GUWAHATI, July 26: The Gauhati High Court has issued directives to the NEEPCO, ASEB and the Assam Govt to prepare a scheme, whereby the outstanding dues to NEEPCO amounting to approximately Rs 670 crore, can be liquidated. The division bench also directed the state and ASEB to pay Rs 20 crores per month in the next two months to NEEPCO for power supplied to ASEB. The PIL filed regarding the threatened action of the NEEPCO to discontinue power supply has been posted for further orders after two months. Chief Justice Brijesh Kumar and Justice DN Chowdhury indicated in their order that while formulating the scheme for liquidating the arrears of the NEEPCO, the authorities may also consider diversion of the 15 per cent plan money of the ASEB, which is deducted by the Centre, to be handed over to NEEPCO. The L.C. account of the ASEB can also be utilised for liquidating the arrears due to NEEPCO. It was submitted before the court by advocate P.K. Goswami, N. M. Lahiri and M Z Ahmed, appearing for NEEPCO that the ASEB has only paid Rs 5 crore and the Assam Govt. has paid Rs 22.05 crore out of the Rs 20 crore and 30 crore respectively which were directed to be paid by the High Court by its earlier order on 16.6.2000, by the ASEB and the Assam Govt. Since the entire amount of Rs 50 crore has not been paid, Chief Justice Kumar and Justice Chowdhury directed the state Govt and the ASEB to clear the balance amount as soon as possible. Considering the submissions made by the NEEPCO that it is supplying on an average 25 crores worth of power to ASEB per month the court directed that the state Govt and the ASEB should pay Rs 20 crore each month to NEEPCO in the next two months. It was submitted by N. N. Saikia, on behalf of the ASEB that various govt organisations including the G.M.C. owes huge amount to the ASEB because of which the Board is unable to make payment to NEEPCO for powers received by it. But ASEB is not in a position to resort to coercive method to realise its dues as in such an event essential services like water and medical supplies would be affected. ASEB further indicated that it is making all efforts to clear the dues but despite its best endeavours, it is able to only make partial payment to NEEPCO for power received. BC Das, appearing for the state Govt, drew attention to its counter affidavit filed wherein it was indicated that in order to clear the arrear dues, the state Govt is formulating a scheme to pay Rs 100 crore by March 31, 2001 and is proposing to pay similar amounts for every year thereafter. The Division Bench after hearing all the parties in the case including G Uzir, the petitioner-in-person indicated that the interim order passed by the court restraining NEEPCO from curtailing the power supply to Assam would continue for a further period of two months subject to the conditions laid down by the court for making interim payment by the ASEB and the state Govt. Court also directed posting of the case for further orders after two months, by which time it is expected that a scheme would be prepared to indicate to the court as to how the huge arrears due to the NEEPCO is proposed to be liquidated by the state Govt and the ASEB in the next two years.