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Imran Khan   29 October 2023

Should an electricity drop down transformer be removed.

What are the property rights and laws regarding an installed Electrical Drop Down Transformer on a private land..

 

I have an electrical drop down transformer installed on my private land since decades. It is housed on a plinth but since last 6-7 years my property has been over flowed by pond water and it almost above ankle level on my land plus the land has become more like swampy and muddy. I want to know as per Indian Laws and my constitutional rights, what questions should I seek for advise from my counsellor or advocates.

  • What are my rights as a landowner?
  • What are the laws regarding electrical drop down transformers in India, installed on private land.
  • What are my options if the transformer on my property is causing or might cause damage to the tune of some accidental death?
  • Can I force the electricity company to move the transformer?
  • Should I approach the court and file litigation or should I go through IGRS channel first?

 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     29 October 2023

If this Electricity supply transformer was installed in your land without your consent or permission or any contractual agreement with you then you can issue a legal notice to the department concerned to remove the same, if you fail to invoke a proper response you may file a suit for mandatory injuction to direct the department to remove the same from your land

P. Venu (Advocate)     29 October 2023

"I have an electrical drop down transformer installed on my private land ................."

How it came to be installed? What are the terms and conditions you had allowed it to be installed? How is the property being used?

Dr. J C Vashista (Advocate )     30 October 2023

You have consented to instal the transformer in your private land, you should have asked these question when you allowed the electricity department / company.

Ask the department / company to remove transformer, if you feel so.

Imran Khan   03 November 2023

To those who have replied backed to my question, I am grateful to thier response. I want to add further information with regards to the said matter - The installation was there before even my father bought this piece of agricultural land in 1974. After he bought it he tried a lot to convert it into NA Land but did not get the approval due to some unclear reasons. At the same time he also tried to get the transformer removed so that he could use the land for compounded private land but the gram sabha always obstructed it citing no govt land available to relocate it nearby, however there was numerous GS(gram sabha land) which was being occupied by the adjacent land lords and the gram panchayat till date has been citing the same reason, so it seems that the gram panchayat only needs to extract lakhs from us to have it transfered and they are using their mafia attitude in cooperation with the electricity local departement to acheive their intentions.Apart from that a waterbody (gadhai/pokhra) lies adjacent to my land and the land mafia in cooperation with the gram sabha and the revenue department are encroaching it and have almost encroached 45% of the waterbody; however still they say that they dont have land to transfer the transformer. So I am seeking help how should I approach it - should I use the IGRS portal or should I approach the court.

P. Venu (Advocate)     03 November 2023

"The installation was there before even my father bought this piece of agricultural land in 1974"

Apprently, the transformer had been installed following the due process. And your father had purchased the property well aware of the 'ground realities'.


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