• Without obtaining the consent of the landlords can Electric Board instal Poles

Sir,
I belong to Jharkhand.we have parental agri land ,Jharkhand Electric Board Installed poles in our agri. land without obtaining the consent or any compensation.
Last two time our agri land got fired and approximately 3 to 4 acres planted plants got lost.
We have not lodged FIR .What is the remedies and can it be removable.
Please guide me.
Asked 4 years ago in Property Law
Religion: Christian

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16 Answers

Electricity board needs your consent to install electric poles on your land

2) it has to pay compensation for installing the poles . Issue legal notice to Board to remove the poles

3) if Board refuses file writ petition in HC to direct Board to remove the poles

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

. Section 12(1) of the Indian Electricity Act, 1910 empowered the licensee (Board), among other things, to lay down and place electric supply lines and other works in any place within the area of supply. But sub-section (2) of Section 12 made it clear that nothing contained in sub-section(1), shall be deemed to authorise or empower a Licensee, without the consent of the owner or occupier concerned, to lay down or place any electric supply line or other work in, through or against any building.

10. Based upon Section 12 (2), it was held by a learned Judge of this Court in Bharat Heavy Electricals Ltd vs. Tamil Nadu Electricity Board {2007 (2) MLJ 111} that the erection of poles in the property of the person, without obtaining his consent under Section 12(2) of the said Act, was illegal. In an another decision in Superintending Engineer, TNEB vs. M.Sengu Vijay {2011 (3) MLJ 625}, a Division Bench of this Court also held that under Section 12(2) of the Indian Electricity Act, 1910, the Board was bound to get consent from the owner of the property. The Bench held that the mere silence or inaction on the part of the land owner, cannot be taken to be implied consen

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You can file a mandatory injunction suit against the department of electricity seeking to remove the poles installed in your agriculture fields without your permission or consent and also to pay compensation for the mental and physical losses you suffered due to their reckless and arrogant attitude and for recovery of vacant possession of your property.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You can claim compensation against your loss

You should immediately lodge claim with the board

Enclose evidence of loss suffered by you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

JSERC (Electricity Supply Code) Regulations, 2015

It has its own rules and regulations, if aggrieved you may appraoch the High Court for quashing such particular rule and also claim compensation.

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http://jserc.org/pdf/draft_regulations/electricsupplycode2015.pdf

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Yes the board is required to give a notice before entering into private land

2. You can issue a legal notice and mark it to police station for necessary action

3. Also consider filing a writ petition in high Court challenging the action of the board of illegally entering into your land without notice and demand removal of the poles plus compensation for damaged caused to your plantation

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

You say about the last time, but have not mentioned when this last time was?

If you have all the evidences for the losses you suffered and the claim made is well within three preceding the date of filing the application, you can give a try for that too through civil suit for recovery of damages.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Without permission and giving appropriate notice and compensation for installing poles.

Seek injunction against the electric department and seek compensation. File a writ petition before the hc against the department and seek injunction against the department.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Issue legal notice to department to pay compensation and remove the polls if department doesn't take action challange same on writ before High court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You should have made complaints at that time when you have lost all crops due to the fire toom by electricity.

2) Now you file a complaint against electricity board for compensation against fire took place in your crop. And took them regarding electric poles as well.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) Yes, you can apply for compensation to them.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Firstly, I advice you to give a representation to the concerned authority who has shown their right ove the land.

Secondly, then wait for few days may be 5 it may be 15 also if no urgency.

Thirdly, then file a Writ of Mandamus in the Hon’ble High Court for the direction to the responsible department to not to dispossess you without following the due process of law as to without giving compensation plus ask for the present damages that you have suffered.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File a writ petition in the High Court in order to claim compensation from the state authorities.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Kindly get in touch with a lawyer who may hwlp you in this regards.

Also, if not writ then you can file a suit to claim compensation for damages and also compensation for land acquisition.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have a very good case and you are rightly entitled for these things.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File a writ in the High Court against Jharkhand Electricity Board to get these encroachments removed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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