Section164
The Electricity Act, 2003

Exercise of powers of Telegraph Authority in certain cases

In force From 10 Jun 2003 Act 36 of 2003 As on 15 Oct 2026

Act 36 of 2003 Ministry Power Enacted 26 May 2003 In force 10 Jun 2003 Instruments 2

Section 164 of the Electricity Act, 2003 deals with exercise of powers of Telegraph Authority in certain cases. The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper coordination of works, confer upon any public officer, licensee or an The Act came into force on 10 Jun 2003.

The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper coordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained.

Section 164, The Electricity Act, 2003 (Act 36 of 2003).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Power Grid Corpn. of India vs Century Textiles&inds. LTD & ORS

    Supreme Court of India 14 Dec 2016 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    A Central Transmission Utility, upon being conferred the powers of Telegraph Authority under Section 164 of the Electricity Act, 2003, has the legal authority to lay high-voltage electricity transmission lines across privately leased land without the consent of the lessee, as the Indian Telegraph Act, 1885 prioritizes unobstructed access for telegraph and electricity transmission lines in the larger public interest. The requirement of prior consent under Rule 3 of the Works of Licensees Rules, 2006 does not apply to such utilities. Compensation for any damage caused by the exercise of these powers is determined by the District Judge under Section 16 of the Indian Telegraph Act, 1885, not by administrative authorities. The action of the utility is not arbitrary merely because the cost of realignment is lower than the financial loss to the private party, as the court must consider the stage of project completion, technical feasibility, and the national importance of the infrastructure project.

    On this section: Appropriate Government may confer upon licensee the powers of Telegraph Authority under Indian Telegraph Act, 1885; Court found such powers were conferred upon Power Grid via notification dated December 24, 2003

    Read the full order on eCourts India

  2. M. D. , M/s. Ramakrishna Poultry P. LTD vs R. Chellappan

    Supreme Court of India 08 May 2009 Persuasive (Supreme Court - Non-Binding on Subsequent Cases but Highly Influenti

    Court's Decision & Legal Precedent

    When a transmission line project of critical public importance is undertaken through approved routes with proper survey and public consultation, and a private party subsequently establishes a business operation on land within the project area with knowledge of the ongoing project, the District Magistrate possesses authority under Section 17(3) of the Indian Telegraph Act to direct realignment or modification of the transmission line route. However, such authority must be exercised pragmatically, balancing the private party's legitimate business interests against public interest and technical feasibility. Where complete realignment is not technically feasible, the appropriate remedy is to increase the clearance between the transmission line and the private structure to minimize potential harm, while ensuring the private party receives compensation for use of land and any damage caused.

    On this section: Empowers appropriate Government to confer Telegraph Act powers on electricity authorities; Government of India order dated December 24, 2003 authorized Power Grid Corporation to exercise Telegraph Authority powers

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 164

What have the courts held on Section 164 of the Electricity Act?

Power Grid Corpn. of India vs Century Textiles&inds. LTD & ORS (14 Dec 2016) is the leading judgment on this section among those set out below: Appropriate Government may confer upon licensee the powers of Telegraph Authority under Indian Telegraph Act, 1885; Court found such powers were conferred upon Power Grid via notification dated December 24, 2003. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2009 to 2016.

How do I find court cases under Section 164 of the Electricity Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Electricity Act 2003 164, section 164 Electricity Act 2003, section 164 of the Electricity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Power Grid Corpn. of India vs Century Textiles&inds. LTD & ORS (14 Dec 2016).

What should I read with Section 164 of the Electricity Act, and has it changed?

2 instruments name it without being made under it, most recently Works of Licensees Rule, 2017 (2017), then The Works of Licensees Rules, 2006 (2006).

When did Section 164 of the Electricity Act come into force?

Section 164 of the Electricity Act, cited as Electricity Act 2003 164, came into force on 10 Jun 2003, having been enacted on 26 May 2003. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.