Tamil Nadu Government today decided to approach the Supreme Court for its direction to the Centre Government to allocate power, which will be surrendered by the Delhi Government. The move comes after the Union Minister of State for Power K C Venugopal commented that despite surplus power available in the Northern grid due to overloading of inter-regional transmission system, further allocation of power is not feasible.
The decision, approaching the Supreme Court, was taken at the cabinet meeting held at Chennai today, said in an official statement.
The statement further said that Tamil Nadu requires around 12,000 mega watt to meet the demand, whereas the production is only 8000 MW and the gap is around 4000 MW. To address the state-run agency has signed a MoU with other states to buy 1,100 MW.
The Power Grid Corporation of India, the public sector which has to develop infrastructure to transmit the power, did not take any steps to create network to transmit electricity from other states to Tamil Nadu, said in the statement.
In this circumstances, in a letter to the Prime Minister of India last week Tamil Nadu Chief Minister J Jayalalithaa said, the Government of national capital territory of Delhi had proposed to surrender power from various central generating stations for the period between November 1, 2012 and March 31, 2013. The quantum is estimated at 230 MW for 24 hours and 1,491 MW for six hours ending 6 am.
The Tamil Nadu Government requested to the Union Minister for Power to arrange to provide the necessary corridor on priority basis for availing the power. “I have already pointed out that the deficit situation in Tamil Nadu has been aggravated due to corridor congestion and have repeatedly requested your urgent intervention to ensure that the required quantum of 1000 MW of power transmission capacity is made available to enable Tamil Nadu to receive the power contracted by the TANGEDCO," said the Chief Minister in the letter.
Later on October 25, 2012, Union Minister of State for Power K C Venugopal rejected Tamil Nadu's appeal by saying despite surplus power available in the Northern grid due to overloading of inter-regional transmission system, further allocation is not feasible.
With these developments, the Government has decided to approach the Supreme Court, under Article 301 and 131 in The Constitution Of India 1949, asking the apex court to direct the Union Government to allocate the Power which will be surrendered by Delhi government to the state of Tamil Nadu.
It may be noted, the Article 301 is Freedom of trade, commerce and intercourse Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free and Under Article 131 in The Constitution Of India 1949.
The Article is Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Government of India and one or more States; or
between the Government of India and any State or States on one side and one or more other States on the other; or between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute
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