Section 67: Provision as to opening up of streets, railways, etc.,

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 67

Section 67 of the Act regulates the opening up of streets, railways, and tramways by licensees for laying electric lines, pipes, and associated works, providing compensation for all damages caused thereby.

  • Statutory Right to Open Streets & Lay Underground Works: Authorizes licensees to alter, break up, and excavate public roads, bridges, and railways to lay transmission conduits and cables.
  • Mandatory Duty of Public Notice & Consent: Requires prior notice to and consent of the local municipal body, railway administration, or road authority, with an arbitration mechanism in case of unreasonable refusal.
  • Strict Obligation of Full Restoration & Damage Compensation: Obligates the licensee to restore opened surfaces with all reasonable speed and pay full compensation for all physical damage inflicted.
Key Landmark Precedents:
  • Power Grid Corp. of India Ltd. v. Century Textiles & Industries Ltd. (2017) 5 SCC 143: Supreme Court affirmed that power utilities laying vital transmission corridors possess statutory wayleave powers, but must pay full compensation for property damage and crop loss.
  • Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. (2008) 4 SCC 755: Supreme Court highlighted that infrastructure laying rights must be balanced with property owners' right to fair compensation.
  • State of W.B. v. Pradip Kumar Roy AIR 1969 SC 1201: Affirmed that municipal authorities cannot unreasonably block utility road-opening works essential for power transmission.
Courtroom Practice & Strategic Litigation Guidance:

When municipal or highway authorities refuse trenching permissions or demand unreasonable road restoration fees, file a petition before the State Commission or designated District Magistrate under Section 67 rules to secure execution clearance.