Jammu & Kashmir State enacted its new version of Electricity Act in the year 2010 (J&K Electricity Act 2010) thus repealing old and obsolete J&K Electricity Act of 1940 which was enacted by Maharaja Hari Singh on 7th December 1940. Under section 64 of J&K Electricity Act 2010 there is a provision for constitution of State Electricity Regulatory Commission (SERC). In fact there was a separate law enacted in year 2000 for constitution of SERC. The commission (SERC) until 2010 was constituted under J&K State Electricity Commission Act 2000. After enactment of new Electricity Law in J&K in the year 2010, the SERC Act 2000 and J&K Electricity Act 1940 were both repealed. J&K Electricity Act 2010 was enacted to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity in state. In addition to it, the aim of the law is to take measures which are conducive to development of electricity industry, promoting competition, protecting interest of consumers and supply of electricity to all areas. The rationalization of electricity tariff, ensuring transparency in subsides, promotion of efficient and environmentally benign policies are highlights of this law.
Role of SERC
J&K State Electricity Regulatory Commission consists of a Chairperson and two Members. Like State Information Commission (SIC) or State Vigilance Commission (SVC) SERC chairperson and members are appointed for a term of 5 years or the time they attain the age of 65 years. SERC is a corporate body which is constituted by a selection committee headed by state Chief Secretary. The other members of the selection committee are member of Central Electricity Regulatory Commission (CERC) nominated by its chairperson, Administrative Secretaries of Power and Law. Under section 64 (3) (4) J&K Electricity Act 2010 SERC can never become defunct or headless like other state commissions.
J&K State Electricity Regulatory Commission (JKSERC) has been assigned the duty to determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail within the State. SERC has to regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State. In addition to it, SERC is empowered to issue licenses to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the State. SERC has powers to adjudicate disputes between power generation and distribution companies.
Defunct SERC
J&K State Electricity Regulatory Commission (SERC) is lying defunct from last several years. Two members of this commission completed their term more than 3 ½ years back and the last Chairperson demitted his office on completion of term in December 2016. In spite of the clear cut provisions under section 64 (3) , (4) that Government shall make reference for the selection of Chairperson and Members of SERC within 6 months before the term of Chairperson or the Members comes to an end. As SERC is defunct from last several years , it clearly indicates that Government has itself violated the law by not making any reference to fill the vacancy in SERC. As people affected by High Voltage (HV) transmission lines in J&K are moving from pillar to post , SERC could have come to their rescue . In states like Uttar Pradesh, the UP State Electricity Regulatory Commission (UPSERC) has helped the local farmers get compensation for the land under transmission line corridor. In J&K the company involved in laying of 440 KV DC transmission line is denying to pay compensation for the land that comes under the corridor. Framers plea is genuine as the land coming under high voltage line looses its commercial and agricultural value as no construction can be undertaken on the land plus agriculture activity like apple farming etc is also not possible. For apple orchards farmers have to use chemical sprays but that is prohibited under the high voltage line. The UP SERC in a meeting on July 7th 2017 at Lucknow took serious note of a similar issue. The Chairman of UP SERC in his order said that farmers who are rightful owner of the property (land) shall not be deprived of the compensation for providing the land through which high voltage lines pass. He said in addition to crop compensation, the land that comes under corridor shall also be paid necessary compensation.
Conclusion
Farmers affected by high voltage transmission lines in J&K could have approached the State Electricity Regulatory Commission (SERC) for redress of their grievances like similarly affected people in other states do. As this commission is defunct from last several years , the affected people seem to have no saviors who would listen to their grievances. State Government could have constituted this Commission as soon as Mr Basharat Ahmad Dhar completed his term as Chairman SERC in Dec 2016 , but Government failed to do so. In a land deficit state like J&K ,how can thousands of acres of forest / agriculture land that comes under high voltage line corridor not be compensated? Transmission company NRSS XXIX and Sterlite Power have already axed thousands of forest trees. Apple , walnut and non fruit bearing trees have been uprooted for a meager compensation for which estimates are made @ Rs 16/ Kg for apple and Rs 104 / Kg for Walnut and Rs 13 / Kg for plum. If farmers demand compensation for their land coming under transmission line corridor , I believe Governor administration must come to their rescue and make SERC operational. Forest department on the other hand has also surrendered thousands or acres of land to Pvt transmission companies. In return they only have been paid meager compensation for trees axed during this process which is also questionable ? Who will compensate for the forest land coming under these high voltage lines ? SERC could have taken pvt transmission companies to task. This would have paved way for massive afforestation programme as well. We have lost forests, fruit trees, land and resources. I believe keeping SERC defunct from last several years is a deliberate attempt to help private power companies loot our resources. If big states like UP , Kerala , Andhra Pradesh or Rajasthan with large agriculture land holdings ( 20 to 30 kanals / family) can compensate farmers for land coming under high voltage transmission line corridor, why deny this to Forest department or semi marginal farmers of J&K whose average land holding is mere 3 kanals / family ?