A distribution licensee cannot deny electricity supply for want of consumer-provided right of way.

The petitioner applied for installation of a three-phase electricity connection and deposited ₹44,865 as demanded by the Himachal Pradesh State Electricity Board (“Board”).

The judgment refers to the application as having been made in 2013 in paras 6 and 15, while para 3 records the year as 2018.

Despite the application and payment, the connection was not installed for several years.

The Board did not dispute the petitioner’s application or payment but contended that certain landowners had objected to the laying of electricity lines and that the petitioner was required to provide the necessary Right of Way (“RoW”).

The petitioner consequently invoked Article 226 of the Constitution, seeking a direction for installation of the connection and for the laying of necessary poles and wires, with acquisition of land if required.

1. Whether the distribution licensee could refuse or indefinitely delay the petitioner’s electricity connection on the ground that the petitioner had not provided RoW or had failed to remove objections raised by third-party landowners.

2. Whether, under Sections 43 and 67 of the Electricity Act, 2003 and Rule 3 of the Works of Licensees Rules, 2006, the Board was required to take steps, including seeking administrative or police assistance, to remove obstructions to the laying of the electricity line.

Section 43 of the Electricity Act, 2003, which obligates every distribution licensee to supply electricity to an owner or occupier upon application within the prescribed period and requires the licensee to provide the necessary electric plant or line where required.

Section 67 empowers a licensee to lay and maintain electric lines and works and provides for governmental rules concerning consent, objections, permissions, compensation, and removal of disputes.

Rule 3 of the Works of Licensees Rules, 2006 requires the licensee to carry out works for laying electricity lines with the prior consent of the owner or occupier and, where objections are raised, to obtain permission from the District Magistrate, Commissioner of Police, or an authorised officer.

The Court held that the Board’s internal Electricity Manual, including Clause 30 requiring consumers to provide RoW, could not override the statutory and regulatory obligation placed upon the licensee to address obstructions.

The decisions in Power Grid Corporation of India Ltd. v. Century Textiles and Industries Ltd., (2017) 5 SCC 143, Haryana Vidyut Prasaran Nigam Ltd. v. Navin Kumar, (2008) 16 SCC 282, and Madhya Pradesh Electricity Board v. Shri Basantibai, (1988) 1 SCC 23, were considered but held inapplicable on the facts.

The Court held that Section 43 imposed a statutory duty on the Board to provide electricity pursuant to the petitioner’s application and that the existence of objections by third-party landowners did not justify indefinite non-compliance.

Although the Electricity Manual contemplated that a consumer would provide RoW, Rule 3 of the Works of Licensees Rules supplied a specific mechanism for dealing with objections: the licensee could obtain permission and assistance from the District Magistrate, Commissioner of Police, or other authorised authority.

Accordingly, the burden of resolving or overcoming obstruction in the execution of the distribution work lay with the Board, and the petitioner could not be denied a connection merely because she had not independently secured RoW or removed objections raised by other landowners.

The precedents relied upon by the Board did not alter this conclusion because, on the Court’s understanding, they required consumer cooperation but did not permit the licensee to avoid its statutory duty to take steps for removal of obstruction.

The Board was directed to install the petitioner’s three-phase electricity connection expeditiously, preferably within six weeks from the date of the judgment.

The Board was expressly permitted to approach the District Magistrate or Commissioner of Police for adequate assistance in laying the required power line.

The petition and pending applications were disposed of accordingly.