Transmission Line Without Landowner’s Consent is Valid
Section 164 Electricity Act & Landowner’s Consent for Transmission line
Notification dated 10.06.2024, published on 05.07.2024 (Annexure P/4), by which Respondent No.2/MPPTCL sanctioned the second circuit stringing of the 132 KV DCSS Mandideep Nahar Transmission Line, and also assails the consequential Order dated 30.07.2025 (Annexure P/10) passed by Respondent No.5/Collector, Raisen under Section 10 of the Indian Telegraph Act, 1885 read with Section 164 of the Electricity Act, 2003, permitting the line to be laid for supply of electricity to the new unit of Nahar Poly Films Ltd.
Regulation 63(1) of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023
construction over their premises without notice or consent violates Rule 3(a) of the Works of Licensees Rules, 2006 and Regulation 63(1) of the CEA Regulations, 2023. That Section 164 cannot be invoked for a line dedicated to a private consumer, more so where the Notification names Respondent No.4/Nahar Spinning Mills but the work is in fact executed for the benefit of the distinct entity Nahar Poly Films.
it exercises statutory powers under Section 67 of the Electricity Act, 2003, and that the Appropriate Government has, by written order under Section 164, conferred upon it the powers of the Telegraph Authority under Sections 10, 15 and 16 of the Telegraph Act, 1885, dispensing with the need for landowner consent.
HELD that the exercise of power under Section 164 of the Electricity Act, 2003 read with Sections 10 and 16 of the Indian Telegraph Act, 1885, and the Collector’s Order dated 30.07.2025, are not vitiated by the absence of the petitioners’ consent, Rule 3(a) of the Works of Licensees Rules, 2006 standing excluded by Rule 3(4) thereof, in terms of Power Grid Corporation (supra).
Judgment dated 12.8.2026 of the High Court of Madhya Pradesh at Jabalpur in Writ Petition No.49694 of 2025 of Daulat Ram Engineering Services Ltd and others Vs. The State of Madhya Pradesh and others with connected writ petition.
