Some More Judgements

Chandu Khamaru versus Nayan Malik, 2011

The Supreme Court noted: “The provisions in Electricity Act, 2003, make it amply clear that a distribution licensee has a statutory duty to supply electricity to an owner or occupier of any premises located in the area of supply of the distribution licensee, if such owner or occupier of the premises applies for it, and correspondingly every owner or occupier of any premises has a statutory right to apply for and obtain such electric supply from the distribution licensee.”

Tata Power versus Reliance Energy, 2008

The Supreme Court gave due recognition to the objective behind the Act. It noted that the Act meant to promote competition and give consumers the option to choose the distribution licensee from whom they sought electricity.

The Court noted: “In our view, the provisions of both the 1903 and 1910 Electricity Acts encourage competition in the electricity trade and the same is also incorporated in the licenses issued in favour of the distribution licensees, which also include licensees generating power for supply. The element of competition has been included in the Preamble to the 2003 Act and permeates the same in its various provisions.”