• Can non-agricultural land be compensated if overhead lines are passed, Indian telegraphic act

Hello,
I am having a NA ( Non Agricultural ) land near about 10 acres main road touch state highway, GETCO has laid over lines in my land of 220KV without my notice nor compensation as i took the matter in highcourt, highcourt order to pay sufficiency of compension via district magistrate but GETCO is saying that we are not bonded to compensate such any as there is no crops or tree damaged, my pleading is that near by 2.5 acre lands is been wasted beacuse of this line as per the law we cant build 35metre width of the overhead line!! So wether can i havw the compensation under telegraphic act in NA Land
Asked 4 years ago in Civil Law

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11 Answers

Darshan Lal Nagpal & Ors.

vs

Govt. Of National Capital

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir the company/institution/government undertaking to acquire or to use the land need the appropriate permission and notification where the appropriate compensation to the land owners is paid. So yes you can claim compensation under the Land acquisition act the district magistrate shall quantify the damage and the dames need to be paid,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since the high court has passed the order the GETCO is bound by the same and has to pay the compensation for the land used further if compensation is not paid in time file a contempt petition before the high court for defying the order of Hon'ble court,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Division Bench of the Allahabad High Court in Civil Misc. Writ Petition No. 39173 of 2011 (Jagir Lal & another v. State of U.P. & others) decided on 02.09.2011 : (2012 (6) ALJ 142) after considering the provisions of law has held as under:

1. There is no requirement of obtaining any consent of owner before laying a transmission line by an authority exercising power under Section 164 of the Electricity Act, 2003.

2. When owner of the property from where the transmission line is to be drawn obstructs or resists laying down of a line, it is open both for the owner as well as to the authority to approach the District Magistrate for appropriate orders and the District Magistrate in his discretion may permit the laying of the line or refuse such permission.

3. The owner from whose line the electric line is drawn, is entitled for compensation from the authority and in the event he is dissatisfied with the amount of compensation, his remedy is to make an application before the District Judge under Section 16 sub-section (3).”

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

SC has held in case of Kerala state electricity board v/slivisha and ors The situs of the land, the distance between the high voltage electricity line laid thereover, the extent of the line thereon as also the fact as to whether the high voltage line passes over a small tract of land or through the middle of the land and other similar relevant factors in our opinion would be determinative. The value of the land would also be a relevant factor. The owner of the land furthermore, in a given situation may lose his substantive right to use the property for the purpose for which the same was meant to be used.

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Hello

Under the previous land Acquisition act and the present right to fair compensation act 2013.....you can be awarded compensation. You should engage a lawyer who will file for compensation as your case definitely comes under the cases which have to be awarded compensation.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Dear Cleint,

You are entitle to compensation under land acquisition act and for not following due procedure to use your land for public purpose.

File contempt in HC, their denial to compensate is willful violation of court order.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The GETCO authorities cannot disobey the court order.

If at all they have any grievances they may have to prefer an appeal before the appellate court.

Whether it is NA land or otherwise, it is your property, when the government authorities are acquiring it then they have to pay the proper compensation as per the latest land acquisition act.

Moreover the court has passed an order awarding you the compensation, they cannot escape the liability.

You can file an Execution Petition against the GETCO, let them challenge the same.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

If yes then can have some of such judgements

You already have a judgment in your favor, why do you want ot go behind some other irrelevant judgments?

You can contact your own lawyer who is knowing the entire case, he will be able to provide you the judgment relevant to your case.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

You can get compensation under land acquisition act. You have to file suit for compensation.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

File immediately Contempt Petition before the Hon'ble High Court,quick response is required.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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