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2026 DAILYLAW 14119 (PNJ)

SH DINESH KUMAR v. STATE OF PUNJAB AND OTHERS

CWP/10527/2026 · 2026-05-08

Jagmohan Bansal

body2026

Judgment text

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CWP No. 10527-2026(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 10527-2026(O&M) Date of Decision: 08.05.2026 Shri Dinesh Kumar ….Petitioner vs. State of Punjab and others ….Respondents CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Omesh Garg, Advocate Ms. Apoorva Kinra, Advocate for the petitioner Mr. Ishan Kaushal, AAG, Punjab Mr. Shivang Berri, Advocate for respondent-PSPCL *** JAGMOHAN BANSAL, J. (ORAL) 1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking issuance of an appropriate writ or order restraining the respondents from installing or energizing distribution transformer in front of his residence. 2. The petitioner claims that respondent has erected two electric poles close to his house situated at Old Cotton Mill, Mohalla Vasant Vihar, Malerkotla. The transformer has not yet been mounted or energized. He has filed representation dated 12.02.2026 to respondent-authorities which are bound to comply with provisions of Electricity Act, 2003 and safety code. PARAMJIT KAUR SAINI 2026.05.08 05:14 I attest to the accuracy and integrity of this document CWP No. 10527-2026(O&M) -2- 3. Learned counsel for respondents-PSPCL, during the course of hearing, filed an affidavit dated 06.05.2026 along with annexures which is taken on record. Registry is directed to tag the same at an appropriate place. 4. In the affidavit, the respondents have categorically deposed that there is full compliance of Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010 (for short “2010 Regulations”). The respondents have further deposed that there is full compliance of horizontal and vertical distance prescribed in 2010 Regulations. The relevant extracts of affidavit dated 06.05.2006 are reproduced as below:- “8. That the installation has been designed and erected in full compliance with the Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010 (hereinafter referred to as "CEA Regulations") framed under Section 177 of the Electricity Act, 2003. All electric supply lines and apparatus forming part of the present installation are of sufficient rating for power, insulation and estimated fault current, and of sufficient mechanical strength for the duty required of them under the environmental conditions of the site. The installation has been designed to ensure the safety of human beings, animals and property, in compliance with Regulation 12 of the CEA Regulations. 9. That the vertical clearance of the lowest conductor above the ground level of the lane at the site has been measured and found to be 4.0 metres, It is pertinent to state that all conductors at the site are insulated cables, and no such bare conductor exists in the installation. The minimum prescribed clearance for lines in residential lanes under Regulation 58 of the CEA Regulations is 4.0 metres for LT lines (not exceeding 650V). The installation PARAMJIT KAUR SAINI 2026.05.08 05:14 I attest to the accuracy and integrity of this document CWP No. 10527-2026(O&M) -3- therefore fully complies with Regulation 58 of the CEA Regulations. 10. That insofar as clearance from buildings under Regulations 60 and 61 of the CEA Regulations is concerned, it is submitted at the outset that all conductors at the present installation are insulated XLPE cables and not bare conductors. Regulation 36(3) of the CEA Regulations specifically provides that where prescribed clearances from buildings cannot be maintained, the conductors shall be adequately insulated, thereby recognising that insulated conductors are treated differently from bare conductors and are not subject to the strict clearance minima applicable to bare lines. Since every conductor in the present installation is insulated XLPE, the rigour of Regulations 60/61 applicable to bare conductors is not attracted. Without prejudice to the foregoing, the horizontal clearance of the live conductor from the nearest point of the building has been measured at 1.2 metres, which meets the prescribed minimum under Regulations 60/61, and the vertical clearance of the live conductor above the building/balcony has been measured at 4.0 metres, which exceeds the prescribed minimum of 3.7 metres for HT lines under Regulation 61. The live conductor clearances are thus fully compliant with the CEA Regulations on any interpretation. 11. That insofar as the transformer mounting structure/bed is concerned, its horizontal distance from the building has been measured at 0.9 metres and the vertical clearance of the transformer bed from the building at 2.8 metres. It is, however, respectfully submitted that Regulations 60 and 61, by their express terms, govern clearances of "lines" from buildings and do not apply to transformer structures or apparatus. PARAMJIT KAUR SAINI 2026.05.08 05:14 I attest to the accuracy and integrity of this document CWP No. 10527-2026(O&M) -4- 12. That it is humbly stated that Regulations 60 and 61 of the CEA Regulations, by their express terms, govern clearances of "lines" from buildings. The heading of Regulation 60 reads as "Clearance from buildings of lines of voltage and service lines not exceeding 650 Volts" and the heading of Regulation 61 reads as "Clearances from buildings of lines of voltage exceeding 650V." The word "lines" in both provisions refers to conductors/overhead lines, not to transformer structures or apparatus. In this regard, the CEA Regulations themselves distinguish between "lines" and "apparatus". 13. That the installation further fully complies with Regulations 49 and 50 of the CEA Regulations as an 11kV GO/AB Switch 75A has been provided on the primary (HT) side of the transformer, as confirmed in the approved Bill of Materials and an LT Fuse Unit has been provided on the secondary side.” 5. This Court has no expertise in the installation of electric infrastructure. The authorities have clarified that there is no violation of Safety Standards. The petitioner has remedy to approach Redressal Forums/Ombudsman as well as Commission, if his grievance still subsists. 6. Disposed of. 7. Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 08.05.2026 paramjit Whether speaking/reasoned: Yes Whether reportable: No PARAMJIT KAUR SAINI 2026.05.08 05:14 I attest to the accuracy and integrity of this document CWP No. 10527-2026(O&M) -5- PARAMJIT KAUR SAINI 2026.05.08 05:14 I attest to the accuracy and integrity of this document