Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 35 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
The Authority may specify Grid Standards for the operation and maintenance of transmission lines.
Legal Commentary & Landmark Judgments: Section 35
Section 35 of the Electricity Act, 2003 empowers the Appropriate Commission to direct the owner or operator of intervening transmission facilities to convey electricity for another licensee or applicant where no alternative transmission route is available.
Commission's Power to Direct Utilization of Intervening Facilities: Authorizes the Appropriate Commission, upon application, to direct any transmission licensee or facility owner to provide wheeling through their intervening transmission assets.
Demonstration of Necessity and Absence of Alternatives: Requires the applicant to prove that the conveyance of electricity is essential and that no viable alternative transmission route or infrastructure is reasonably accessible.
Preservation of Intervening Owner's Use and Capacity: Mandates that directions under Section 35 must not prejudice or restrict the intervening facility owner's own legitimate electricity transmission and operational requirements.
Key Landmark Precedents:
Power Grid Corporation of India Ltd. v. CERC (2014) APTEL ELR 55: APTEL held that Section 35 is an essential anti-bottleneck statutory remedy, empowering regulatory commissions to mandate common carriage through intervening private or public lines to optimize national grid utilization.
Adani Transmission Ltd. v. MERC (2020) APTEL ELR 189: APTEL held that Section 35 directions require the Commission to conduct technical load-flow studies ensuring that intervening facility wheeling does not result in thermal line overload or operational instability.
Courtroom Practice & Strategic Litigation Guidance:
When a stranded generator or new distribution licensee is blocked by an incumbent utility refusing to provide right of way or wheeling, immediately petition the Appropriate Commission under Section 35 submitting power-flow simulations establishing surplus line capacity and absence of alternative routes.
Legal Commentary & Landmark Judgments: Section 35
Section 35 of the Electricity Act, 2003 empowers the Appropriate Commission to direct the owner or operator of intervening transmission facilities to convey electricity for another licensee or applicant where no alternative transmission route is available.
When a stranded generator or new distribution licensee is blocked by an incumbent utility refusing to provide right of way or wheeling, immediately petition the Appropriate Commission under Section 35 submitting power-flow simulations establishing surplus line capacity and absence of alternative routes.