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Section 159: Protection of railways, highways, airports and canals, docks, wharfs and piers

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2003
Section 158 All 185 Sections of Electricity Act Section 160

Legal Commentary & Landmark Judgments: Section 159

Section 159 of the Act mandates the protection of railways, highways, airports, canals, docks, wharfs, and piers, requiring licensees to execute electrical works without impeding or endangering critical national transport infrastructure.

  • Statutory Protection of Strategic Infrastructure: Prohibits licensees from laying electric lines that obstruct, injure, or interfere with railways, national highways, airport flight paths, or maritime docks.
  • Mandatory Prior Engineering Consultation: Requires utilities to coordinate engineering designs with the Railway Board, Airport Authority of India (AAI), and port trusts before laying cross-infrastructure lines.
  • Statutory Dispute Arbitration: Provides that technical disagreements regarding safety clearances shall be referred to the Central Government or statutory arbitration under the Act.
Key Landmark Precedents:
  • Power Grid Corp. of India Ltd. v. Century Textiles & Industries Ltd. (2017) 5 SCC 143: Supreme Court affirmed that power transmission networks must be designed to avoid physical interference with railways and strategic transport corridors.
  • M.P. Electricity Board v. Shail Kumari (2002) 2 SCC 162: Affirmed the strict duty of utilities to maintain mandatory vertical clearances above roads and transport channels.
  • State of W.B. v. Pradip Kumar Roy AIR 1969 SC 1201: Affirmed the necessity of harmonious coordination between overlapping infrastructure sectors.
Courtroom Practice & Strategic Litigation Guidance:

When designing high-voltage line crossings over national highways or railway tracks, obtain formal engineering clearance from the Commissioner of Railway Safety (CRS) and NHAI under Section 159 before executing stringing operations.

Section 158 All 185 Sections of Electricity Act Section 160