Compensation of land for tower constructed on land is fixed at 200 per cent of land value .the tower based area include area enclosed by four legs of tower plus additional one meter area on each side 

file writ petition in HC if you are not granted any compensation 

Government cannot use any land of private citizen without paying compensation as per market value of the land, it is your constitutional right  under Article 300A. You need to claim compensation under the  new Right to Fare Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. You will get huge compensation with interest from 2010.

Determination of Compensation

The compensation for the tower base area is set at 200% of the land value. The tower base area includes the area enclosed by the tower's four legs at ground level, plus an additional one-meter extension on each side.

If there are grievances related to land rates, the district magistrate or an authorized magistrate will issue orders to resolve the matter and fix the compensation. The TSP is responsible for compensation, which covers tower footing, corridor surface, working area, and access roads.

If it’s comes under land acquisition then you will get appropriate compensation as per the Act

In your situation, where a 133KV cable and tower have been plotted on your land for over 15 years, and you haven't been compensated, there are several legal avenues you can explore to seek compensation and remedy the loss of land value. Here’s an analysis based on the facts you provided:

1. Eligibility for Compensation:

• Land Acquisition Laws: Typically, when government or private entities (like power distribution companies) use land for laying cables, towers, or other infrastructure, they need to either acquire the land or compensate the landowner. If the use of the land was without proper acquisition or compensation, you could potentially seek compensation under relevant laws, such as the Land Acquisition Act or the Electricity Act.

• Prescription Period: While compensation claims generally need to be filed within a certain time frame (typically 3 to 5 years in many cases), certain exceptions can apply. Since this is a long-standing issue (15 years), it may be difficult to claim compensation under regular statutes unless it can be shown that:

  • The compensation was never offered or legally finalized.
  • The usage of the land continues to be in violation of due process.

If there was no formal acquisition process followed at the time the cable and tower were placed, and you were not compensated for the land used, you might still have the right to seek compensation or initiate legal proceedings.

2. Steps for Seeking Compensation:

• Review the Agreement or Consent (if any): If there was any agreement (written or verbal) between you and the authorities or company regarding the land usage, it would be essential to review that. This document could provide grounds for a claim.

• File a Claim for Compensation: If no formal compensation was offered or made, you can file a formal complaint with the Electricity Regulatory Commission or the relevant authority responsible for the installation of the cable and tower (such as the electricity board or municipal corporation). You may also consider seeking compensation for loss of land value or damages.

• Pursue Legal Action in Court: If the authority refuses to provide compensation, you could file a suit in the appropriate civil court for compensation under the provisions of the Electricity Act (specifically Section 67 of the Act for laying cables) or even under the Land Acquisition Act if it was a case of acquisition without compensation.

• Public Interest Litigation (if applicable): If the authority is misusing public land or if the matter affects public interest, you might also approach the High Court for a writ petition or Public Interest Litigation (PIL).

3. Land Use and Development Issues:

• Land Not Being Counted in Colony Development: If the land is being underutilized or considered unavailable for development (for example, for roads or parks) due to the presence of the cable and tower, this might constitute an issue of non-use or restriction placed by the authorities without proper justification.

• Request for Land Rectification or Relocation: You may want to request the authorities to either:

  • 
    Relocate the cable and tower if it is causing unnecessary hindrance to your land development. This can be done through negotiations or, in some cases, by filing a formal petition with the authorities.
  • 
    Seek a formal agreement to have the cable and tower moved and compensate you for the inconvenience caused, especially as you plan to develop the land for commercial use or public purposes (like roads or parks).

• Land Use Permits or Zoning Considerations: You can file a representation with the local municipal corporation or zoning authorities, requesting that the land be formally cleared for development. If the authorities are preventing development due to the cable and tower, there may be room to request a change in zoning or an exemption from certain regulations for the land.

4. Practical Steps to Take:

• Consult a Property Lawyer: It would be prudent to consult with a property or land acquisition lawyer who can assess the specifics of your case and advise on the best course of action for claiming compensation, removing the restrictions on your land, and preventing further losses.

• Send a Legal Notice: If the authorities have been unresponsive or are refusing to compensate you for the land use, you can send a legal notice demanding compensation and/or removal of the cable and tower.

• File a Case for Injunction: If you are unable to prevent the authorities from continuing to block your land development, you can file a case seeking an injunction to prevent them from wasting or misusing the land.

Conclusion:

You may still be eligible to seek compensation for the use of your land for the cable and tower, despite the long period that has passed, depending on the specific circumstances. Additionally, you can explore options for challenging the continued blockage of your land use for colony development. It is advisable to consult with a qualified lawyer specializing in property law or land acquisition to help you understand your legal rights, options for compensation, and remedies for land use issues.
Thanks and Regards
Advocate Aman Verma

Dear Client,

You may still be entitled to compensation under the Electricity Act, 2003 or other relevant laws if the 133KV tower and cable were erected on your land without adequate compensation. As this is a 15-year-old case, the Limitation Act, 1963 would apply, which bars claims after a certain period, but courts have been known to entertain cases if a continuing violation, such as continued loss, can be proved. You must make a representation to the electricity board or concerned authority immediately, seeking compensation for the loss of land's utility and lost revenue potential. If there is no response or appropriate compensation from the authority, you can approach the District Magistrate under the Electricity Act or seek compensation by filing a writ petition in the High Court and direction to the authority to redress the land-use problem. It is advisable to hire a lawyer to write your representation and assist you through the process of law. Let me know if you need more assistance.

Hope that this helps you to solve your problem.

- As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner. 

- Further, without deciding the compensation and paying the same, the government department cannot take possession of the land for the specified purposes like construction of road etc. 

- As per the Land Acquisition (Amendment) Bill, 2007, the payment for acquired land must be made within one year from the date of the declaration, and the Collector can extend this time limit by six months with a penalty of 5% per month, and further if payment has not been made within one year nor has the Collector granted an extension, the land acquisition proceedings shall lapse.

- Further, after the compensation amount is determined, the Collector must ensure that payment occurs within 60 days. Possession of land shall not be taken unless full compensation is paid or tendered to the land owner.

- Further, the land owners whose property has been acquired under urgency shall be compensated an additional 75% of the market value of the land.

- If your land already acquired and no compensation has been paid to you, then you can approach the office of the collector for the same. 

- Further, if no acquired then you can even approach the Collector for moving an application. 

Steps to Seek Compensation for the Land Used for 133KV Tower and Cable:

1. Check Applicability of Compensation Laws:

   • Compensation for land used for erecting power towers or laying cables is governed by:

     • 
       The Indian Telegraph Act, 1885 (Section 10(d) allows the authority to place towers/cables but mandates compensation for damage or land value reduction).
     • 
       The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR), if applicable.

2. File a Claim for Compensation:

   • Submit a written request to the electricity board or power transmission authority responsible for the tower and cables.
   • Include details of:

     • Land ownership (land records, title deed).
     • Area affected (1 acre under the tower and cables).
     • Loss of use or development due to the installation.

3. Legal Recourse if Compensation is Denied:

   • File a representation to the District Magistrate (DM) or the relevant Land Acquisition Authority.
   • If unresolved, file a writ petition in the High Court to direct the authority to:

     • Pay compensation for the land value loss.
     • Consider development alternatives like underground cables.

4. Seek Valuation of Loss:

   • Engage a licensed valuer to estimate:

     • Land's market value.
     • Loss due to restricted use (park/road planning under cables).
     • Submit this report with your claim.

5. Negotiate for Land Use Alternatives:

   • Request the authority to explore relocation of towers/cables or allow restricted development under the cables.

Time Limitation:

• Even though 15 years have passed, you can still file for compensation if:

  • No prior compensation was paid.
  • The project continues to impact your land.

• Courts have ruled that compensation claims under Article 226 (writ jurisdiction) are valid if there's continuous infringement on rights.

What You Can Do:

1. Submit a compensation claim to the power transmission authority.
2. Approach the District Magistrate or local land authorities.
3. File a writ petition in the High Court for compensation and alternative land use.
4. Consider mediation with the authority to settle the issue.

Consult a property lawyer for drafting your claims or petition.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.