Since the land is not acquired ithey are using already existing polls you should serve them a legal notice for damages and cost of trees. If department fails to respond to notice you have to file civil suit against the distrudistri LTD. Company for recovery of damages.
Land and trees compensation while converting from low tension 415v existing lines to 11000v HT lines
Dear Sir, With reference to above subject in my original patta land 415V LT is coming for agriculture motor purposes and its going on the way my land and after my land around 10 agricultural motor services are there during LT line passing i did with covering of pvc pipes for all 3 phases around 200 mtrs span with my own expenses to safe gaurd from casurin trees so with that no issue while supplying LT power through that, after that now a days there are converting LT to HT lines with same poles and same conductor only, with high voltage levels pvc pines can,t with sthand and line is tripping while touching casurin poles and its not sustaining after that Andhra Pradesh State Southern Distibution Company Ltd AE came and he served a notice to remove trees with out compensation if with out compensation means i will loss only for trees around 2 lakhs rupees and in future also i cant grow trees along line sir so please suggest any legally compensation rules and act on that Thanks and regards Ravichandra
Asked 7 years ago in Civil Law
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7 Answers
You are entitled to compensation for removal of trees falling within high tension power corridor
2) tou are not entitled to grow any trees under the corridor area as the same will affect the transmission lines. Apart from this, having regard to the fact that the electrical transmission line has been drawn across the land cutting through, it will cause damage depriving the farmer of his efficient use of the other portion of the land.
3) 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.
Hello,
go ahead and file a writ in the HC to claim compensation for the trees and for the future losses that you will be accruing.
get in touch with a local lawyer for the same.
regards
You can claim for compensation through a writ petition in High Court.
As per LA act Provision you should Contact Collector for Compensation.
Rule is to pay you appropriate compensation for the loss , you claim from the department who is responsible if they don't agree to your valuation then apply to the District Magistrate for the same.
If you have been served with a notice by the engineer in this regard, you should clarify that under what provisions of law that he is demanding you to fell the trees.
You can issue a reply notice refusing to fell the trees or can even seek compensation for the loss of trees.
Before that you may consult an advocate in the local and confirm the local rules in this regard especially the electricity rules that would compensate for felling of trees for installing the HT line over the private lands.
Tree and Crop Compensation Procedures
Statutory Requirements:
As per the statutory requirements (IS-5613, Part 3, 1989) all the trees and bushes, including saplings coming in the ROW limit i.e. clearance belt of transmission lines must be cut and removed. The procedure for clearing of trees and crops is as illustrated below.
In exercise of the powers vested with Power Grid Corporation of India Limited (POWERGRID) under Indian telegraph Act'1885, part 3, section 10 to 19 conferred under section 164 of the Electricity Act 2003 through Gazette by India, extra ordinary dated 24th Dec. 2003, has the authority to place and maintain transmission lines under over along or across and posts in or upon, any immoveable property. As per the provisions of Indian Telegraph Act1885 Part III Section 10 (b) which prohibits acquisition of any rights other than that of use only, land for tower and right of way is not acquired and agricultural activities are allowed to continue. However, as per clause 10 (d) of same act stipulates that the user agency shall pay full compensation to all interested for any damages sustained during the execution of said work. Accordingly, POWERGRID pays compensation to land owners towards damages if any to trees or crop during implementation of transmission project as well as during Operation and maintenance phase. The procedure followed for such compensation is as follows:
POWERGRID follows the principle of avoidance, minimization and mitigation in the construction of line in agricultural field having crop due to inherent flexibility in phasing the construction activity and tries to defer construction in cropped area to facilitate crop harvesting. However, if it is unavoidable and is likely to affect project schedule, compensation is given at market rate for standing crops. All efforts are also taken to minimize the crop damage to the extent possible in such cases. As regards trees coming in the Right Of Way (ROW) following procedure is adopted for enumeration.
All the trees which are coming within the clearance belt of ROW on either side of the center line are identified and marked/numbered from one AP to the other and documented. Type, Girth (Measured 1 m. above ground level), approximate height o the tree is also noted for each tree. Trees belonging o Govt., Forest, Highways and other local bodies may be separately noted down or timely follow up with the concerned authorities for inspection and removal. Cashew, Guava, Lemon and other hybrid trees which are not of tall growing nature are not marked for cutting since these trees can be crossed using standard tower extensions if required.
Dear Sir,
This shortest remedy is to approach Hon’ble High Court seeking a direction to pay compensation.
