I bought a property which had a 66kv KPTCL line running through the property. I am not sure if KPTCL compensated the previous owners of the land. But, recently KPTCL inspectors came to my property and told me that there should be nothing growing under the line and that I cannot attach anything to the transmission pole. Not even a light bulb to provide light. My questions are as follows, 1. Does KPTCL need to compensate me every year for the loss of productivity of the land? Or have they made a one time payment to the previous owner. If they have, why was I able to registed the land in my name? 2. I live in Bangalore. When I am not at the property, can the KPTCL engineers break the lock and enter my property to conduct inspection? 3. Can I not grow anything under the lines? (as long as it does not touch the line) 4. If KPTCL owns the transmission tower, but, it is installed in my property, what if any farm equipment damages the tower. Am I responsible for it?
1. If he has compensated one time you need to claim it from previous owner. Otherwise if it's monthly compensation you will get it.
2. No they can't if it is owned by you. They need to seek permission from you.
3. You can sue them for the damages. You can file writ petition before high court
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).”
4) 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.
5)
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.
6) you are not responsible for damage to tower
1. If the one time payment has been made to previous owner then nothing has to be paid to you.
2. No, but if it is urgent then they can.
3. No, you can’t
4. Yes, you will be responsible for the same.
it was your duty to inspect the status before purchasing the property.
regards
1. First see whether at the time of installation of the line any body has objected and if objected then what was the fate of that objection , if not objected then object now in view of loss which would occur due to this line or danger and ask for the compensation after calculating per annum from them if they will not give then file a case of compensation before the Civil Court. Better to say ask them to shift this line from your site.
2. No they don't if it has happened then file a criminal complaint of trespass against the officials of the KPTCL and mention that they have also looted some articles from the property costly such and such.
3. Yes, you can by leaving the 10 feet passage from the poles.
4. Yes, you will be responsible if damage comes from any of the act involving you.
there is no provision for paying any compensation for putting the lines over the property and as this is essential services so you cannot used property in case you have made any house or anything which is illegal to construct under the high voltage transmission line you cannot make any compensation in case of any hazard and KPTCL officers in case they need to undergoes some repairs with the help of police open the property
If the KPTCL compensated the previous owner, ownership would have transferred to KPTC. Not in your absence and breaking the lock is house tress. File criminal complaint.
Further without written orders and compensation, you cannot be restrain to enjoy possession of land.
Installation in illegal without acquisition and compensation. Approach HC. Since it is govt. property, any willful damages, your liability.
file your objections in detail to the same before the KPTCL Authority.
1. Did you not ask the previous owner/your vendor about this?
The line is not a new development, your vendor would have been compensated on this, hence you may first enquire it from him and ascertain the details first before approaching the authorities on further issues.
2. Why should the KPTCL authorities break open your house? Is the tower situated in your proeprty which has been kept under lock and key by you?
3. You may have to ensure that the crops are not growing beyond the permitted limit.
4. The farm equipment will not damage the tower on its own, somebody will be responsible for such an act, hence whoever commits this act shall be held liable.
Yes KPTCL need to compensate you if they have not paid one time compensation to previous owner.
No KPTCL inspector cannot enter your property by breaking the lock or without your permission.
No you cannot grow anything Under the line.
You may be liable for damages if it was done due to your negligence.
I have a followup question to the above. It sounds like I am not owed anything if a one time compensation has been paid to the previous owner. If a compensation has been paid rendering the land useless, why hasn't the government body transferred the land out of the previous owners name. Why is the previous owner allowed to transact that property. That land should essentially not be in the market right?
For mutation is the duty of the buyer not the previous owner so if you have original papers in hand do it now, don't be confuse here, first see if the transaction has been done after selling the land then challenge this before the competent court for recovery of the amount/compensation due or taken by the previous owner if not then your rights are there as a owner now, so date of transfer is very important.
Even after payment most of them time the govt acquires it delayed. You can challenge the same if you desire
you are correct land should not be available in market if full compensation has been paid to seller
2) wheels of govt machinery move slowly . hence delay in mutation process