Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 15 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)Every application under section 14 shall be made in such form and in such manner as may be specified by the Appropriate Commission and shall be accompanied by such fee as may be prescribed.
(2)The Appropriate Commission shall, within ninety days after receipt of such application, either grant the licence or reject the application for reasons to be recorded in writing.
Legal Commentary & Landmark Judgments: Section 15
Section 15 of the Electricity Act, 2003 prescribes the mandatory quasi-judicial procedure for the grant of licences, including application submission, mandatory newspaper publication, invitation of public objections, local authority consultations, and a strict 90-day timeline for Commission determination.
Prescribed Application and Public Notice Mandate: Requires applicants to file formal applications in prescribed formats and publish public notices in daily newspapers inviting objections or suggestions within 30 days.
Mandatory Consideration of Public Objections and Recommendations: Obligates the Appropriate Commission to examine all filed objections, evaluate recommendations of the Central Transmission Utility (CTU) or State Transmission Utility (STU), and conduct public hearings.
Mandatory Ninety-Day Disposal Timeline and Reasoned Orders: Directs the Commission to either grant the licence or reject the application via a reasoned, speaking order within ninety days from the date of receipt of the application, publishing the granted licence in the Official Gazette.
Key Landmark Precedents:
Transmission Corporation of Andhra Pradesh v. CERC (2008) APTEL ELR 56: APTEL held that the 90-day timeline under Section 15(6) underscores the legislative urgency in modernizing grid operations, and failure to issue a reasoned order within this window constitutes regulatory delay subject to appellate mandamus.
BSES Yamuna Power Ltd. v. CERC (2011) APTEL ELR 189: APTEL affirmed that the public consultation mechanism under Section 15(2) is mandatory and non-waivable; granting a transmission or trading licence without publishing notices violates natural justice.
Courtroom Practice & Strategic Litigation Guidance:
In licensing petitions, ensure contemporaneous compliance by publishing notices across dominant regional vernacular and English dailies immediately upon filing, and address CTU/STU technical feasibility reports proactively before the Commission conducts the final Section 15 public hearing.
Legal Commentary & Landmark Judgments: Section 15
Section 15 of the Electricity Act, 2003 prescribes the mandatory quasi-judicial procedure for the grant of licences, including application submission, mandatory newspaper publication, invitation of public objections, local authority consultations, and a strict 90-day timeline for Commission determination.
In licensing petitions, ensure contemporaneous compliance by publishing notices across dominant regional vernacular and English dailies immediately upon filing, and address CTU/STU technical feasibility reports proactively before the Commission conducts the final Section 15 public hearing.