Some More Judge­ments

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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.”

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