Section 13 of the Indian Electricity Act, 1910 applies to cases where a licensee places any works in, under, over, along or across any street, railway tramway, canal or waterway in the exercise of its powers. Section 12 does not authorize a licensee to execute any work in or over a public street without the consent of the Municipality, except in the limited cases mentioned in Section 12(2).

Tarkunde, JJ.

1. The facts of this case are not in dispute. The respondent is a licensee under the Indian Electricity Act, 1910. He was authorised by his licence to supply electricity in a part of the town of Billi-mora. He had laid supply lines along various roads in the town, including the Mahatma Gandhi Road, the Station Road and the Manekbai Tata Road. It appears that towards the end of 1955 he converted his supply from D.C. to A.C. current. On account of this alteration he was required to set up a larger number of electric poles to support the aerial wires. The work of setting up additional poles was carried out by him on or about 7-12-1955. Before carrying out this work, the licensee failed to give any notice to the Billimora Municipality. The Municipality claimed that it was obligatory on the licensee under Section 13(1) of the Indian Electricity Act to give a notice of the intended works to the Municipality. For his failure to do so the respondent was prosecuted under Section 47 read with section 13 (1) of the Act. The Judicial Magistrate who heard the case acquitted the respondent of the alleged offence on the ground that the respondent, in setting up the new electric poles, was within his rights under Section 12 of the Act. From this order of acquittal the State as well as the Billimora Municipality have filed these two appeals.

2. The order of acquittal passed by the learned Judicial Magistrate is based on the assumption that Section 12 and Section 13 of the Act are mutually exclusive, that if a case is covered by Section 12, it does not attract the operation of Section 13. That was also the purport of the argument advanced by Mr. Kavlekar on behalf of the respondent before us. Before considering this argument, it is necessary to see whether the provisions of Section 13, considered by themselves, apply to this case.

3. It is clear from the wording of Section 13 that it applies to cases "where the exercise of any of the powers of a licensee in relation to the execution of any works involves the placing of any works in, under, over, along or across any street, railway tramway, canal or waterway". In this case what the licensee did was to place a number of electric poles in and over three public streets. This was done by the licensee in the exercise of his powers in relation to the supply of electric energy. It is clear, therefore, that Section 13 applies in terms to the present case.

4. Now, Sub-section (1)(a) of Section 13, in so far as it relates to the placing of any works (the electric poles in this case) in or over Municipal streets, requires that the licensee shall serve upon the Municipality, not less than one month before commencing the execution of the works, a written notice describing the proposed works, together with a section and plan thereof. This was admittedly not done by the respondent. Sub-section (1)(b) of section 13 provides that if the Municipality intimates to the licensee its disapproval of the proposed works, or if the Municipality intimates its approval subject to amendment, the licensee may appeal to the State Government, and that the decision of the State Government on the question in dispute shall be final. Clause (c) provides that if the Municipality does not communicate its approval or disapproval within a month, the licensee may proceed to carry out the works after giving not less than forty eight hours notice in writing to the Municipality. Now, Sub-section (1)(a) excludes from its application certain types of works, and one such exception is where the proposed work consists of "the repairs, renewal or amendment of existing works of which the character or position is not to be altered". Where the proposed work consists merely of the repair, renewal or amendment of existing works without altering their character or position, Clause (g) of sub-s. (1) of Section 13 applies, and that clause provides that in such cases the licensee shall give a forty-eight hours notice to the Municipalit