AI Overview...
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Transmission Lines on Private Land - The Electricity Act, 2003, allows private companies to lay transmission lines and erect towers on private land, subject to statutory provisions. Section 164 provides the legal framework for the exercise of powers by authorities like the Telegraph Authority and transmission licensees to enter private land for installing electric lines and related infrastructure. Courts have emphasized that such actions must adhere to the procedures and principles of least damage, balancing public interest with private property rights. Vijay Ramchandra Agrawal VS Power Grid Corporation of India Ltd - Madhya Pradesh, B. H. Narayanaswamy, Bangalore VS Karnataka Power Transmission Corporation Limited, Represented. By its Managing Director - Karnataka, Manoranjan Sa VS State of Odisha - Orissa
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Licensing and Authority - The Act distinguishes between various licensees (transmission, distribution, generation) and their rights to access private land. Licensees, including private companies, must operate within the scope of their licenses and applicable rules, such as the Licensees Rules, 2006. The Act empowers the State Government to issue orders under Section 164 when necessary, especially in cases involving the laying of high tension lines over private property. Government of Tamil Nadu VS M. Raghupathy - Madras, Somji Karamsinh Patel VS District Collector and District Magistrate, Kutchh - Gujarat, Rajpur Hydro Power Private Limited VS Gangdari Hydro Power Private Ltd - Himachal Pradesh
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Court Interpretations - Judicial decisions have clarified that while private companies have the right to lay transmission lines, this is subject to compliance with legal procedures, including notices and adherence to principles of least damage. Courts have also distinguished between overhead transmission lines and dedicated lines, emphasizing proper authorization under the Act. The courts have upheld the authority of licensees to exercise rights over private land, provided they follow due process. P. Nachimuthu VS The District Collector Tiruppur District - Madras, Vijay Ramchandra Agrawal VS Power Grid Corporation of India Ltd - Madhya Pradesh, Manoranjan Sa VS State of Odisha - Orissa
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Conclusion - The Electricity Act, 2003, provides a legal framework enabling private companies to lay transmission lines on private land, with necessary permissions and adherence to procedural safeguards. The Act balances the rights of private landowners with the need for infrastructure development, with courts playing a key role in interpreting these provisions to ensure lawful exercise of powers. Proper authorization under Sections 164 and relevant rules is essential for lawful transmission line installation by private entities. Vijay Ramchandra Agrawal VS Power Grid Corporation of India Ltd - Madhya Pradesh, Government of Tamil Nadu VS M. Raghupathy - Madras, Somji Karamsinh Patel VS District Collector and District Magistrate, Kutchh - Gujarat
Search Results for "Transmission Lines by Private Companies for Private Parties in Electricity Act 2003"
2010 0 Supreme(MP) 1052 • India - Madhya Pradesh
S.C.SHARMA
for laying transmission lines and erecting a tower on private land. ... Electricity Act - Transmission Lines - Section 164, Section 2(20) - The court decided on the construction of a tower for transmission ... land, as per the provisions of the Electricity Act, 2003 and the Indian Telegraph Act, 1885. ... Keeping in view the provisions of section 164 of the Electricity#....
2015 0 Supreme(Mad) 2298 • India - Madras
SATISH K.AGNIHOTRI, M.VENUGOPAL
Electricity Act - Transmission Lines - Section 68 of the Electricity Act 2003, Section 164 of the Electricity Act 2003, Rules ... The court highlighted the distinction between dedicated transmission lines and overhead lines under the Electricity Act, emphasizing ... of Licensees Rule 2006 - The court discussed the provisions o....
2009 0 Supreme(Kar) 851 • India - Karnataka
S.ABDUL NAZEER
electricity on or over the private lands - Implementation of scheme and exercise of power by the KPTCL as per the provisions of ... INDIAN ELECTRICITY ACT, 2003 - Section 164: [S.Abdul Nazeer,J] Exercise of powers of Telegraph Authority in certain cases - Notification ... ’ and to enter upon the lands of private citizens for the purpose of placing of electric supply lines, appliances and apparatus for ... companies and the KPTCL for placing of #HL_ST....
2012 0 Supreme(Bom) 635 • India - Bombay
PRASANNA B.VARALE, S.A.BOBDE
ELECTRICITY ACT, 2003 - Sections 2(5), 2(36), 39 and 164 - Laying of electric lines. ... electric lines. - While granting authorisation in favour of transmission company for placing electric lines, any notice or hearing ... ) of Electricity Act, 1910. ... Transco AIR 2009 Andhra Pradesh 158, the Andhra Pradesh High Court held that under Section 164 of the Electricity Act, 2003 re....
2011 0 Supreme(Mad) 4640 • India - Madras
M.M.SUNDRESH
Electricity Act - Transmission Towers - Sections 2(16), 2(48), 2(72), 10, 11, 67, 176, 180, 68, 183, 185 - The judgment discusses ... Act, 2003. ... Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the Electricity Act, 2003, particularly ... ... Sections 10 and 11 of the Electricity Act, 2003 ... 24. Section 10 of the Electricity #HL_....
2019 0 Supreme(Ori) 260 • India - Orissa
S.PANDA, P.PATNAIK
Telegraph Authority - Right of Way/Use of Private Property - Indian Telegraph Act, 1885, Section 10, 16(1); Electricity Act, 2003 ... , and illegal exercise of power by the opposite parties. ... , Section 164 - The court discussed the authority of NTPC to lay electric lines and water pipelines over private lands, the power ... (b) The NTPC being neither a distribution licensee nor a transmission licensee under section 14 of the #HL....
2011 0 Supreme(Mad) 4289 • India - Madras
V.DHANAPALAN
The court found that the duty of generating companies under Section 10(1) of the Electricity Act,2003, to establish, operate, and ... Ratio Decidendi: The duty of generating companies under Section 10(1) of the Electricity Act,2003, to establish, operate, ... TANGEDCO contended that the petitioners, as generating companies, were bound by the terms and conditions of the Electricity Act,2....
2022 Supreme(Online)(NGT) 715 • India - National Green Tribunal NEW DELHI (PRINCIPAL BENCH)
ARUN KUMAR TYAGI, J, AFROZ AHMAD, E
Electricity Act, 2003 which inter alia consolidates the laws relating to generation, transmission, distribution, trading and use of electricity etc. empowers the State Government to pass an order under Electricity Act, 2003 . But section 67 (1) of the Electricity Act, 2003 , as well as the rules made under Section 67 (2) would govern the field, only in the absence of an order, under section 164 o....
2020 0 Supreme(Guj) 603 • India - Gujarat
BIREN VAISHNAV
Constitution of India – Article 12 – Works of Licensees Rules, 2006 – Rule 3 – Electricity Act, 2003 – Sections ... power, has installed several wind mills at Village and is transmitting electricity power by laying high tension electricity lines ... poles and high tension transmission lines from nearby Kharaba land of government and to follow principles of "least damage" and ... electricity lines. ... Reading Secti....
2021 0 Supreme(HP) 34 • India - Himachal Pradesh
VIVEK SINGH THAKUR
Limited company incorporated under Companies Act, 1956 referred to as Companies Act engaged in development and construction of Hydro ... Act, 2003 - Application stands disposed of ... Joint Evacuation Agreement for approval of resolution plan, or defendant has a right to prohibit/restrain - Plaintiff Hydro Power Private ... From the object of the Act, it is evident that this Act has been enacted to consolidate laws relating to gen....
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