• High tension line drawn over land

More than 10 years back Electricity Board drawn high tension line above my land without my knowledge. My land is in Sonarpur Block in Ramsey Wetland. Last year when I found the overhead high tension line I was not knowing what harm it has done to my property. I planted eculptus trees on my land this January the trees reached to the hight of high tension line. The engineer from the electricity board came with cutters and cut most of the trees from the middle. Now those trees are again about to reach to that hight. I need suggestions can I take stay order and force the board either to compensate me or sift the line to the common passage passing beside my land
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

You are entitled to compensation for removal of trees falling within high tension power corridor 

 

2) you 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.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

The Union power ministry has, to expedite construction of transmission lines, issued guidelines for payment of compensation for damages on the right of way.

The ministry has proposed compensation at 85 per cent of land value as determined by the district magistrate or relevant authority, based on circle or other applicable rates, for the tower base area impacted due to installation of a pylon structure.

Further, compensation to a maximum of 15 per cent of land value will be paid towards its dimunition in the width of an ROW corridor due to laying of a transmission line and imposing certain restrictions. The compensation would be decided by states on the categorisation of land.

The Ministry has made it clear that the compensation amount will be payable only for transmission lines supported by a tower base of 66 KV and above and not for sub transmission and distribution lines below 66 KV. These guidelines were framed based on the report submitted by a committee headed by the special secretary of the union power ministry. Besides, the power ministry has said that the proposed compensation will be in addition to the compensation towards normal crop and tree damages.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

YOU are entitle to compensation as HT line on habitant/habitat land and creating obstacle in enjoyment of land. HT line is also constant threat to life and limb and diminishing the market value of land.

Eculptus trees carries health benefits and can earn for you, so by cutting and curbing it`s growth, also potential loss of income.

In any case, such line cannot be pass from habitant/habitat land.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

And you are saying, you had no knowledge from 10 years. Come on, if you are lazy in raising the issue, why court will order to compensate you.

Well, constant threat to life and limb still exits, you can file writ in HC for compensation and removal of wires.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you are entitled to compensation for drawing high tension line  over your land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

Lodge a complaint in police station and file a suit for compensation in Civil Court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

We suggest you to make a written complaint to Power Transmission Department, to remove the high tension wires. In case they fail to remove the wires, then you may approach to the Court by filing writ petition against them. In the said writ petition you may seek direction from removal of high tension wires from the Hon'ble Court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file with petition in high court for speedy remedy

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A case must be filled with the executive engineer and representation must be give n to him. In case he disposes it and orders against you then the remedy lies with the chief engineer. After him you can go to the high court. You should get compensation for the HT line.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the HT lines have been drawn over your lands without following the procedures by the electricity department, you may file a writ  before high court seeking compensation or to remove the same if it is endangering the inhabitants.

There are certain guidelines on this, you may go through them because the guidelines express that mango trees or any other trees or cultivation of horticulture crops over 10 feet height under these lines is prohibited. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can seek for compensation of the crp loss due to this act of the electricity department without taking your consent or following the land acquisition process.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

 eventually you have no right and you will not be able to remove the High Tension line from your property this is coming in essential services maintenance and by order of the state

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes you can file a claim petition and claim compensation for drawing the line without your knowledge and for the loss that is being suffered by you. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get in touch with a local lawyer for filing the smae 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Instead of cutting the trees the wire should be shifted.

2. You may file a suit for mandatory injunction against the electricity board to seek a direction to it to shift the high tension wire.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you can file a case for compensation from electricity department but it's been 10 year when the line has been laid over your land and it's a long time then chances of getting the compensation are very low but you can try for that through court case.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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