Section 68: Overhead lines

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 68

Section 68 of the Act regulates overhead lines, requiring prior approval of the Appropriate Government before installing any overhead electric line above designated voltage thresholds (typically above eleven kilovolts).

  • Mandatory Executive Prior Approval for Overhead Lines: Requires transmission and distribution utilities to obtain formal prior approval from the Central or State Government before constructing high-voltage overhead lines.
  • Mandatory Environmental & Tree-Clearing Safeguards: Empowers the District Magistrate to authorize tree cutting and vegetative clearing within the transmission right-of-way (RoW), subject to paying statutory compensation.
  • Power of Government to Order Line Alteration or Removal: Authorizes the Government to direct the alteration, rerouting, or underground conversion of overhead lines that subsequently obstruct public works or urbanization.
Key Landmark Precedents:
  • Power Grid Corp. of India Ltd. v. Century Textiles & Industries Ltd. (2017) 5 SCC 143: Supreme Court held that transmission utilities executing inter-state lines do not require the consent of individual landowners, but must strictly obtain Section 68 prior government approval and pay tree/land damages.
  • M.P. Electricity Board v. Shail Kumari (2002) 2 SCC 162: Affirmed the strict duty of utilities to maintain statutory ground clearances for high-voltage overhead lines to prevent catastrophic electrocution.
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Reaffirmed regulatory oversight over overhead distribution infrastructure.
Courtroom Practice & Strategic Litigation Guidance:

Always obtain formal Section 68 prior approval from the Energy Department before commencing foundation works on high-voltage transmission lines; constructing overhead lines without Section 68 clearance renders the line vulnerable to demolition orders.