$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010452922026 + W.P.(C) 13964/2026, CM APPL. 65190/2026-Interim relief. M/S SIYAT PROPERTY PRIVATE LIMITED .....Petitioner Through: Mr. V.P. Rana, Ms. Bhawana and Mr. Roopanshu Malik, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Vinay Kaushik, GP for UOI Mr. Sanyat Lodha and Ms. Yashpriya Singh, Advs. with Mr. Apurv Tyagi(Law officer) CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 22.09.2026 1. By virtue of the present petition under Articles 226/227 of the Constitution of India, the petitioner seeks the following reliefs:- “(a) Direct the Respondent No.3 to obtain permission in writing from District Magistrate/Respondent No.2 in terms of Proviso 1 Rule 3 of Work of Licensee Rules, 2006 framed under Section 67 of Electricity Act, 2003 for carrying out works on the land of the petitioner as mentioned in Para No.3.2; and/ or (b) Direct the District Magistrate/Respondent No.2, in terms of Rule 3(ii) of Work of Licensee Rules, 2006, to decide the dispute in accordance with said Rule/Law; and/or (c) Until the dispute, in terms of Rule 3 of Work of Licensee Rules, 2006, is taken up or decided or permission is granted finally by the District Magistrate/ Respondent No.2, direct the respondent No.3 to stop any work/ work being carry out on the land of the petitioner; and/ or This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2026 at 11:22:03 (d) pass such other or further writ, order or direction as this Hon’ble court may in view of the facts and circumstances of the case and in the interest of justice, deems fit and proper.” 2. At the outset, learned counsel for the respondent no.3 submits that the issues raised by the petitioner herein have already been settled by the Hon’ble Supreme Court of India in Power Grid Corporation of India Limited vs. Century Textiles and Industries Limited and Ors. 2016 SCC OnLine SC 1534, wherein it has been held as under:- “15. It is further submitted that there is violation of Sections 68 and 69 of the Electricity Act, 2003 as well as Rules 3 and 10 of the Works of Licensees Rules, 2006 (hereinafter referred to as "the 2006 Rules") in laying down the overhead lines and, therefore, the High Court erred in law in permitting the same. 16. In order to appreciate the contentions of the writ petitioner, it is necessary to have a glimpse of the provisions of the Electricity Act, 2003 as well as the Rules on which reliance has been placed by Mr Shrivastava. 17. Sections 68 and 69 of the Electricity Act, 2003 fall in Part VIII with the caption "Works". These two provisions directly deal with the overhead lines. 18. We find that this assertion is factually incorrect. The learned Single Judge specifically noted that the Power Grid had obtained prior approval of the Central Government under Section 68(1) of the Electricity Act, 2003. Though, an attempt was made that this finding is incorrect, we do not agree with the said submission of the writ petitioner as the learned ASG pointed out to us the document containing such an approval. 19. Another submission made was that permission of the writ petitioner was not obtained which was needed as per Rule 3 of the 2006 Rules. Rule 3(a) reads as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2026 at 11:22:03 "3. Licensee to carry out works.—(1) A licensee may- (a) carry out works, lay down or place any electric supply line or other works in, through, or against, any building, or on, over or under any land whereon, wherever or thereunder any electric supply line or works has not already been lawfully laid down or placed by such licensee, with the prior consent of the owner or occupier of any building or land;" 20. In the instant case, the aforesaid Rule is not applicable in view of Section 164 of the Electricity Act, 2003, which reads as under: "164. Exercise of powers of telegraph authority in certain cases-The appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper coordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained." 21. It is not in dispute that in exercise of powers under the aforesaid provision, the appropriate Government has conferred the powers of telegraph authority vide Notification dated 24-12-2003 exercisable under the Telegraph Act, 1885 upon the Power Grid. It may also be mentioned that a Central transmission utility (CTU) is a deemed licensee under the second proviso to Section 14 of the Electricity Act, 2003. Power Grid is a Central transmission utility and is, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2026 at 11:22:03 therefore, a deemed licensee under the Electricity Act, 2003. This coupled with the fact that Power Grid is treated as authority under the Telegraph Act, 1885, it acquires all such powers which are vested in a telegraph authority under the provisions of the Telegraph Act, 1885 including power to eliminate any obstruction in the laying down of power transmission lines. As per the provisions of the Telegraph Act, 1885, unobstructed access to lay down telegraph and/or electricity transmission lines is an imperative in the larger public interest. Electrification of villages all over the country and availability of telegraph lines are the most essential requirements for growth and development of any country, economy and the well-being/progress of the citizens. The legislature has not permitted any kind of impediment/obstruction in achieving this objective and through the scheme of the Telegraph Act, 1885 empowering the licensee to lay telegraph lines, applied the same, as it is, for laying down the electricity transmission lines.” xxxx xxxx xxxx 24. As Power Grid is given the powers of telegraph authority, Rule 3(1) of the 2006 Rules ceases to apply in the case of Power Grid by virtue of execution clause contained in sub-rule (4) of Rule 3 which reads as under: “3.(4) Nothing contained in this rule shall effect the powers conferred upon any licensee under Section 164 of the Act”. 3. Learned counsel for the respondent no.3 further relies upon Century Rayon Limited vs. IVP Limited and Others: 2019 SCC Online SC 1521 and a Co-ordinate Bench of this Court in J. C. Flowers Asset Reconstructions Pvt. Ltd. : 2024:DHC:4951, as also copies of two Gazette Notifications dated 24.12.2003 and dated 09.03.2021, which are handed over and are taken on record. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2026 at 11:22:03 4. Learned counsel for the petitioner seeks, and is granted, a period of one week for going through the same and for making further arguments. 5. Renotify on 08.10.2026. SAURABH BANERJEE, J SEPTEMBER 22, 2026/rr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2026 at 11:22:03