AI Overview...
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Section 43 of the Electricity Act, 2003 - Mandates the duty of electricity suppliers (discoms) to provide electricity to any person who requests it, including lawful occupiers or owners of premises, without requiring proof of ownership or occupancy at the initial stage. The section emphasizes the obligation of the licensee to supply electricity once the request is made, subject to compliance with regulations and procedures. NABIN AGARWAL AND ANOTHER ETC. , PETITIONERS VS C. E. S. C. LTD. - Calcutta, Bharat Heavy Electricals Ltd. , Tiruchirapalli & Another VS The Tamil Nadu Electricity Board rep. By its Chairman & Others - Madras, KRISHNA GARDEN WELFARE ASSOCIATION VS CENTRAL ELECTRICITY SUPPLY COMPANY OF ORISSA LTD - Orissa
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Obligations and Rights of Occupiers - The law stipulates that supply must be given to owners or lawful occupiers of premises, and disputes over land ownership do not bar the supply of electricity under Section 43. Courts have held that the disconnection or refusal to supply without following due process violates the statutory duty under this section. Bharat Heavy Electricals Ltd. , Tiruchirapalli & Another VS The Tamil Nadu Electricity Board rep. By its Chairman & Others - Madras, N. Kalpana vs The Telangana Southern Power Distribution Company Ltd - Telangana
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Legal and Judicial Interpretations - Courts have reinforced that under Section 43, the electricity provider has a mandatory duty to supply electricity on request, and failure to do so can be challenged through writs like Mandamus. Disconnections or refusals based on land disputes or ownership issues are generally deemed unlawful unless due process is followed. N. Kalpana vs The Telangana Southern Power Distribution Company Ltd - Telangana, KRISHNA GARDEN WELFARE ASSOCIATION VS CENTRAL ELECTRICITY SUPPLY COMPANY OF ORISSA LTD - Orissa
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Related Legal Contexts - While Section 43 primarily deals with the duty to supply, other legal provisions such as the Indian Electricity Rules, Tariff Orders, and principles of natural justice also influence how supply is regulated and disputes are resolved. KRISHNA GARDEN WELFARE ASSOCIATION VS CENTRAL ELECTRICITY SUPPLY COMPANY OF ORISSA LTD - Orissa, YR.ANNIE AND ANR. Vs YERALA STATE ELECTRICITY BOARD AND ORS. - Kerala
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Additional Legal References - The section's application is supported by judicial rulings emphasizing that the law aims to prevent arbitrary disconnection and ensure access to electricity, reinforcing the obligation of electricity boards to serve lawful occupiers and owners without unnecessary hindrance. NABIN AGARWAL AND ANOTHER ETC. , PETITIONERS VS C. E. S. C. LTD. - Calcutta, The National Sewing Thread Co. Ltd. vs The Superintending Engineer TANGEDCO - Madras
Analysis and Conclusion
Section 43 of the Electricity Act, 2003, establishes a clear statutory obligation for electricity suppliers to provide supply upon request to owners or lawful occupiers of premises. Disconnections or refusals without following due process are unlawful, and disputes over land ownership do not exempt suppliers from their duty under this section. Courts have consistently upheld the principle that access to electricity is a legal right protected under this provision, emphasizing that supply must be granted unless procedural requirements are strictly adhered to.
Search Results for "Sec 43 of Electricity Act Lawful Occupier"
2003 0 Supreme(Cal) 516 • India - Calcutta
PRANAB KUMAR CHATTOPADHYAY
ELECTRICITY ACT - CONDITIONS OF SUPPLY - VALIDITY - ELECTRICITY ACT, 2003 - REPEAL OF INDIAN ELECTRICITY ACT, 1910 - SAVING CLAUSE ... OF ELECTRICITY ACT, 2003 - HELD, NO. ... of the Electricity Act, 2003. 2. ... to give supply of electricity to the owner or occupier of any premise....
2007 0 Supreme(Mad) 137 • India - Madras
R.BANUMATHI
Electricity Act, 2003-Section 43-Petitioners objecting erection of walls on its land for supplying electricity to respondent church-Petitioner ... can not object to supply of electricity to respondent church till issues regarding ownership of promises is not determined and respondent ... Thus under Section 43, a mandatory duty is cast upon the TNEB to provide supply of electric....
2006 0 Supreme(Ori) 608 • India - Orissa
ASOK KUMAR GANGULY, I.MAHANTY
Electricity Act - Duty to supply on request - Section 43 of Electricity Act, 2003 - Tariff order dated 22-3-2005 passed by the ... of the Electricity Act, 2003 and the tariff order dated 22-3-2005 passed by the Orissa Electricity Regulatory Commission. ... Orissa Electricity Regulatory Commission - The court held that CESCO had a stat....
2025 Supreme(Online)(TEL) 1328 • India - High Court of Telangana
SUREPALLI NANDA, J
(A) Electricity Act, 2003 - Section 43 - Writ of Mandamus - Disconnection of electricity supply without due process - The petitioner ... (Paras 9, 14) ... ... Issues: The main issues included whether the disconnection was lawful and ... challenged the disconnection of electricity based on a land dispute, asserting that the action was arbitrary and violated principles ... Section #HL_ST....
2025 0 Supreme(Bom) 579 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
They oppose eviction under the Slum Act, asserting they are lawful occupants. ... court ruled that the Petitioners did not provide sufficient evidence of ownership and that the slum scheme's implementation was lawful ... (A) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Sections 33 and 38 - Petitioners, claiming to ... That the said Petitioners are erroneously treated as unauthorized occupan....
2009 Supreme(Online)(KER) 24389 • India - Kerala
Regulatory Commission, arguing it violated principles of natural justice and the Electricity Act. ... Education - Writ Petitions regarding tariff classification - Electricity Act, 2003 - Sections 61, 62, 110 - The court reviewed ... Issues: Whether the tariff classification was justified under Section 62(3) of the Electricity Act and whether principles ... lines as Section 49 of the #HL....
2024 0 Supreme(Cal) 1167 • India - Calcutta
ARIJIT BANERJEE, PARTHA SARATHI SEN
(A) Kolkata Municipal Corporation Act, 1980 - Section 400(1) and (3) - Demolition of unauthorized construction - Tenant's claim that ... the construction is authorized and lawful as having been made in accordance with the provisions of the Act and the Building Rules ... on the ground that the construction is authorised and lawful as having been made in accordance with the provisions of the Act and ... rel....
1946 0 Supreme(Cal) 267 • India - Calcutta
Calcutta Police Act - Boarding House License - Sec. 39, Sec. 43 of the Calcutta Police Act, 1866 - Summary of Acts and Sections ... : The judgment discusses the provisions of the Calcutta Police Act, 1866, particularly Sec. 39 and Sec. 43, which relate to the grant ... . 46 of the Specific Relief Act for seeking reli....
2024 Supreme(Online)(Mad) 56365 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE, J
Electricity Act, 2003 , and the Electricity Supply Code, it cannot forego its claim. ... It also held that at any rate in terms of Sec.238, the provisions of IBC will prevail over the Electricity Act. ... In a free country where every individual citizen is endowed with the fundamental right to do any lawful business under Article 19
2000 0 Supreme(AP) 411 • India - Andhra Pradesh
N.Y.HANUMANTHAPPA, A.GOPAL REDDY
Land Grabbing Act, 1982 - Land Encroachment Act - Section 7 - Land case - Recovery of possession - Compensation awarded - Respondent-State ... Land Grabbing Act - Having reached the above conclusion, Court hold that the application filed by the State seeking the eviction ... There is also an old room with electricity connection. ... and ownership to; or lawful possession of any land grabbed under this #HL....
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