Provision as to opening up of streets, railways, etc
Section 67 of the Electricity Act, 2003 deals with provision as to opening up of streets, railways, etc. A licensee may, from time to time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electric supply lines without the area of supply, without that area carry out works such as-- The Act came into force on 10 Jun 2003.
(1) A licensee may, from time to time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electric supply lines without the area of supply, without that area carry out works such as--
(a) to open and break up the soil and pavement of any street, railway or tramway;
(b) to open and break up any sewer, drain or tunnel in or under any street, railway or tramway;
(c) to alter the position of any line or works or pipes, other than a main sewer pipe;
(d) to lay down and place electric lines, electrical plant and other works;
(e) to repair, alter or remove the same;
(f) to do all other acts necessary for transmission or supply of electricity.
(2) The Appropriate Government may, by rules made by it in this behalf, specify,--
(a) the cases and circumstances in which the consent in writing of the appropriate Government, local authority, owner or occupier, as the case may be, shall be required for carrying out works;
(b) the authority which may grant permission in the circumstances where the owner or occupier objects to the carrying out of works;
(c) the nature and period of notice to be given by the licensee before carrying out works;
(d) the procedure and manner of consideration of objections and suggestion received in accordance with the notice referred to in clause (c);
(e) the determination and payment of compensation or rent to the persons affected by works under this section;
(f) the repairs and works to be carried out when emergency exists;
(g) the right of the owner or occupier to carry out certain works under this section and the payment of expenses therefor;
(h) the procedure for carrying out other works near sewers, pipes or other electric lines or works;
(i) the procedure for alteration of the position of pipes, electric lines, electrical plant, telegraph lines, sewer lines, tunnels, drains, etc.;
(j) the procedure for fencing, guarding, lighting and other safety measures relating to works on streets, railways, tramways, sewers, drains or tunnels and immediate reinstatement thereof;
(k) the avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works;
(l) the procedure for undertaking works which are not reparable by the Appropriate Government, licensee or local authority;
(m) the manner of deposit of amount required for restoration of any railways, tramways, waterways, etc.;
(n) the manner of restoration of property affected by such works and maintenance thereof;
(o) the procedure for deposit of compensation payable by the licensee and furnishing of security; and
(p) such other matters as are incidental or consequential to the construction and maintenance of works under this section.
(3) A licensee shall, in exercise of any of the powers conferred by or under this section and the rules made thereunder, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him.
(4) Where any difference or dispute [including amount of compensation under sub-section (3)] arises under this section, the matter shall be determined by the Appropriate Commission.
(5) The Appropriate Commission, while determining any difference or dispute arising under this section in addition to any compensation under sub-section (3), may impose a penalty not exceeding the amount of compensation payable under that sub-section.
Section 67, The Electricity Act, 2003 (Act 36 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
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Power Grid Corp. of India Ltd. vs Ram Naresh Singh
Court's Decision & Legal Precedent
The Court held that a transmission utility on whom the powers of the telegraph authority have been conferred by the Central Government notification under Section 164 of the Electricity Act, 2003 may lay its overhead transmission lines across private land without the prior consent of the owner, the landowner's remedy being compensation determined by the District Judge under Section 16 of the Indian Telegraph Act, 1885, and the public interest in national transmission infrastructure prevailing over the private property claim.
On this section: Marks out the boundary of Section 67: the consent-and-objection regime of the Works of Licensees Rules, 2006 framed under this section does not govern a licensee exercising conferred telegraph-authority powers under Section 164.
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Ramilaben Govindbhai vs Essar Power Transmission Co. Ltd.
Court's Decision & Legal Precedent
A Division Bench held that a transmission company laying lines over agricultural land must follow the statutory procedure of route approval, public notice and consideration of objections, must minimise damage to the landowner, and where it deviates from the approved route without fresh notice it is liable to pay additional compensation, the sufficiency of compensation being for the District Judge to determine under Section 16 of the Indian Telegraph Act, 1885.
On this section: Reads the works powers of a licensee under Section 67, together with Section 68 and the rules made under them, as conditioned by notice to and the consent or heard objections of the affected property owner, and by full compensation for the damage the works cause.
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Kodeboyena Manikyala Rao vs A P Transco
Court's Decision & Legal Precedent
Dismissing a challenge to the shifting of high tension transmission lines for a highway project, the Court held that the deemed licensee acting with the powers of the telegraph authority under Section 164 of the Electricity Act, 2003 is excluded by Rule 3(4) of the Works of Licensees Rules, 2006 from the prior-consent requirement, the landowner's entitlement being to compensation determined in accordance with the applicable guidelines after due notice.
On this section: Applies Rule 3(4) of the Works of Licensees Rules, 2006, made under Section 67, to hold that the consent and objection procedure of this section does not bind a licensee exercising telegraph-authority powers.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… had issued a notification dated 29th August, 2019 for the rates of compensation towards damages in regard to Right of Way (ROW), stating the rates of compensation payable for transmission lines and as for ROW to the affected land owners. This notification provides for full compensation for full damages as per section 67 & 68 of the Electricity ACT and section 10 & 16 of the Indian Telegraph Act which states that full damages have to be paid. In spite of this notification, adding of the impugned notification can be construed to provide compensation on adhoc basis by way of Ex-Gratia Relief package to persons who are "not entitled to …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 67
What have the courts held on Section 67 of the Electricity Act?
Power Grid Corp. of India Ltd. vs Ram Naresh Singh is the leading judgment on this section among those set out below: Marks out the boundary of Section 67: the consent-and-objection regime of the Works of Licensees Rules, 2006 framed under this section does not govern a licensee exercising conferred telegraph-authority powers under Section 164. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2015 to 2024.
How do I find court cases under Section 67 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 67, section 67 Electricity Act 2003, section 67 of the Electricity Act. People searching for it also type electricity act 2003 section 67 and electricity act 2003 section 67 and 68. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Power Grid Corp. of India Ltd. vs Ram Naresh Singh.
What should I read with Section 67 of the Electricity Act, and has it changed?
3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Works of Licensees Rule, 2017 (2017).
When did Section 67 of the Electricity Act come into force?
Section 67 of the Electricity Act, cited as Electricity Act 2003 67, 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.