Compensation for High Voltage Power Lines | ROW

Compensation for High Voltage Power Lines

What to do if we face the Right of way for the Transmission Lines issue. Or when we construct high voltage electric transmission lines then we face hindrances/right of way issues while drawing an electric line. landowner usually denies drawing an electric line. They ask for rule and regulation documents for the laying of the electric line. 

In that case, there are certain sections of the electricity act, 2003, the Indian telegraphic act, and judgments of the honorable high court that give a clear idea regarding drawing electricity lines. compensation for damaged crops/trees of the affected cultivators in the installation of towers for the construction of power line and cost of the area covered due to line according to circle rate shall be given to the landowner.

Supreme Court Judgement on Transmission Lines

Following sections of act and judgments of the high court are needed for sorting out Right of way for Transmission Lines issue during laying poles.

1-Section 164 of the Electricity Act 2003, 

2-Section 10 of the Indian Telegram Act, 

3-Writ No. 14712 of Hon’ble High Court of Allahabad, Brajraj Vs. U.P. Power Transmission Corporation Limited 

4-F.A.F.O no. 3253 dated 7th December 2011 of High Court of Allahabad, Power Grid Corporation of India Vs. Ajay Kumar Gupta.

5-VENKATESAN AND OTHERS V. CHAIRMAN. TAMIL NADU ELECTRICITY BOARD. MADRAS AND OTHERS 

Section 164 of the Electricity Act 2003

“The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or the purpose of telephone or telegraphic communications necessary for the proper coordination of works, confer upon any public officer, licensee of any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885, any of the power which the Telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained. “

Section 10 of the Indian Telegram Act

” Power for telegraph authority to place and maintain telegraph lines and posts .—The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon, any immovable property: Provided that—

1- The telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the [Central Government], or to be so established or maintained;

2-The [Central Government] shall not acquire any right other than that of the user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and

3-Except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and

4- In the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.”

Writ No. 14712 of Hon’ble High Court of Allahabad, Brajraj Vs. U.P. Power Transmission Corporation Limited –

“In Deva Raj (supra), a Division Bench of this Court examined the provisions of Section 51 of the Indian Electricity Act, 1910 which is similar to the provisions of Section 164 of the present Act of 2003 and observed that in view of the notification issued by the State Government under Section 51 of the 1910 Act read with Section 10 of the Telegraphs Act, the Electricity Board have the power to locate towers on the land owned by a person. The Madras High Court in E.

Venkatesan & Others, Vs, Chairman, Tamil Nadu Electricity Board, madras & Others. AIR 1977 madras 64 while dealing with the powers under Section 51 of the Act of 1910 also observed.” “From the above-settled position of law, it is clear that when the Electricity Board exercises Power under Section 51 of the Electricity Act read with Section 10 of the Telegraphs Act, they are not acquiring any land.

They are only making use of the land for the purpose of laying electricity lines for which full compensation is given for the damage caused. It is also clear therefrom that no notice is required to the owner before laying the poles or constructing any tower, nor any consent is required from them.” 

F.A.F.O no. 3253 dated 7th December 2011 of High Court of Allahabad, Power Grid Corporation of India Vs. Ajay Kumar Gupta–

“Conclusions 34, Our conclusions are as follows:

(a)- The corporation is a transmission licensee under the Electricity Act 2003. It has been conferred power under section 164 of the Act and has the power to erect the towers as well as lay the overhead electrical lines

(b) -The Corporation is exercising power under Section 164 of the Electricity Act 2003. The prohibition contained in Rules 3(1) to 3(3) of the works of Licensees Rules 2006 is not applicable. The permission of the D.M. or any other authority is not required,

(C) – The contesting respondents neither have a prima facie case nor the balance of convenience is in their favor. There is no irreparable loss to them. They are not entitled to a temporary injunction.”

E. VENKATESAN AND OTHERS V. CHAIRMAN. TAMIL NADU ELECTRICITY BOARD. MADRAS AND OTHERS 

“From the above-settled position of law, it is clear that when the Electricity Board exercises power under Section 51 of the electricity Act read with Section 10 of the Telegraphs Act, they are not acquiring any land.

They are only making use of the land for the purpose of laying electric lines for which full compensation is given for the damage caused. It is also clear therefrom that no notice is required to the owner before laying the poles or constructing any tower, nor any consent is required from them. “

Conclusion-

 The Electricity Department has got the right to get the right of way for transmission lines to erect high voltage towers on the private land of any landowner and draw the line wire according to the above law and court order. It is also not necessary to inform landowners for erecting poles in their land.

In the form of transmission license, the electricity department manufactures high voltage lines under section 164 of the Indian Electricity Act 2003 and section 3 (1) to 3 (of the Works of Licensee Rules 2006 of the Indian Electricity Act 2003 are not applicable and compensation for damaged crops/trees of the affected cultivators in the installation of towers for the construction of power line by the concerned executive engineer of the Electricity Department is done as per rules, after getting the assessment done by the Revenue Department or other competent department. 

If the landowner is not satisfied with the compensation paid, he is free to present his case before the competent court. It is not proper in the public interest and national interest to stop/change the construction work of a high voltage volt line. This is all aoout Compensation for High Voltage Power Lines.