Topic
Bombay HC clarifies that penalties under Section 126 of the Electricity Act apply only to electricity consumed via unauthorized submeters after installation, excluding non-tariff components. The ruling caps liability to post-unauthorized usage, shielding consumers from retroactive penalties for the entire supply period.
Chhattisgarh High Court rules that the State's unauthorized use of private land for public purposes, even without formal acquisition, mandates compensation under the LARR Act 2013. The court directed payment of 9% and 15% interest on delayed compensation, reinforcing landowners' rights against procedural lapses by authorities.
Madras HC quashes TANGEDCO’s arbitrary disconnection of agricultural electricity, ruling that due process-including notice, hearing, and opportunity to appeal-must precede any levy or disconnection. The court mandates instalment-based restoration of power supply pending adjudication of the disputed Rs. 4.12 lakh demand, reinforcing that public utilities cannot bypass procedural fairness even in cases of alleged unauthorized use.
The Chhattisgarh High Court has ruled that even minor unauthorized use of private land-such as 0.12 dismil for canal construction-constitutes a violation of the right to property under Article 300A, mandating compensation regardless of scale. This sets a critical precedent for landowners facing incremental encroachments by public authorities without formal acquisition proceedings.