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Supreme Court of India

Indian Railways v. West Bengal State Electricity Distribution Company Limited

Neutral citation
Reported as [2026] 5 S.C.R. 479
Bench Dipankar Datta and Satish Chandra Sharma JJ.
Decided 8 May 2026

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the reasons mentioned hereinabove and for the limited purpose of this analysis, the Appellant is regarded as falling within the ambit of “Appropriate Government” under section 2(5)(a) of the Act, but the observation carries no determinative consequence for the relief sought by the Appellant.

Judgment, page 34

From the headnote

Issue for Consideration The specific issues which arise for determination are: (i) Whether the activities provided u/s.11(g) and (h) of the Railways Act pass muster of “distribution” of electricity, and whether such activities are a necessary pre-requisite to qualify as a DDL under the Act; (ii) Whether the Indian Railways, being an entity of the Central Government, falls within the ambit of “Appropriate Government” u/s.14 of the Electricity Act, 2003; (iii) Whether the Indian Railways, even if held to be a DDL under the Act, is exempt from the obligation to pay Cross-Subsidy Surcharge or

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