Landowners can’t claim compensation for overhead power lines: HC

Srinagar, May 15: The High Court of J&K and Ladakh Wednesday ruled that individual owners cannot claim compensation for aerial space for overhead power transmission lines, saying the right continues to be with the State.

A bench of Justice Sindhu Sharma said this while dismissing a Wagoora, Uri resident’s plea seeking the court’s intervention to direct the authorities to assess and pay him compensation of Rs 20 lakh for his residential house which he claimed has been rendered uninhabitable due to the installation of a High-Tension Transmission Line through his land. The resident had also sought direction for paying damages of Rs 5 lakh to him for mental distress, agony, and torture at the hands of the authorities.

While the court observed that the claim of the petitioner for compensation appeared to be misplaced, it said: “The law is well settled that the aerial right of way for transmission lines remains with the State, and individual landowners cannot assert legal, fundamental, or constitutional rights over the construction of transmission lines, unless there is a proven loss or damage resulting from the construction.”

However, the court held that authorities are required to maintain appropriate distance while installing such lines, as per the Electricity Act. The court noted that the issue was whether the petitioner was entitled to any compensation for the damages he suffered. “It is well settled that claims for damages, including those relating to a residential house and fruit-bearing trees are disputed questions of fact, which can only be proved by leading evidence,” the court said.