Payment for sub surface land beneath private land
Gopal Ranjan Panigrahi
(Querist) 14 June 2014
This query is : Resolved
Respected Sirs
This is query regarding as to whose owneship lies on land beneath the private land and can one claim payment
Like Suppose one tunnel for water is being dug in hilly area and that infrastructure project tunnel passes 400 meter beneath , can the private land owner claim for payment saying land beneath my property, though nothing is being harmed /effected because of the said tunnel as the said tunnel is 400 meter below.
Are there any guidelines / citation in this regard saying no claim is entitled for land below the surface as last vest in Govt
and what law will apply in such cases.
Thanks & Regards
Gopal R. Panigrahi
Devajyoti Barman
(Expert) 14 June 2014
what is the actual dispute? Looks like academic query.
Gopal Ranjan Panigrahi
(Querist) 14 June 2014
Sir to add
The actual dispute is that for an water tunnel passing 400 mters beneath for a hydropower tunnel in NE State few private land owners are demanding compensation.
Are there demand genuine under law/ rules as we know that anything beneath the land vest with Central Govt and private ownership does not lies.
Devajyoti Barman
(Expert) 14 June 2014
How are you connected with the demand of compensation of the some NE residents?
Raj Kumar Makkad
(Expert) 14 June 2014
If the tunnel or line has been erected by a private company, it has to pay compensation because the ownership of the land exclusively vests in its owners. Generally govt. do not pay.
Dr J C Vashista
(Expert) 15 June 2014
The tunnel is being dugged 400 meter beneath the surface by a private company which has the permission from autorities and did not disturb the ground area vis-a-vis ownership, therefore, no compensation can be claimed/ paid.
T. Kalaiselvan, Advocate
(Expert) 17 June 2014
You may answer the query raised by expert Mr. Barman. A private party cannot dig a tunnel 400 metre below surface level without permission and sanction of government, so you may verify the government order in this regard
Raj Kumar Makkad
(Expert) 17 June 2014
I do agree with the advice of Kalaiselvan based upon advice of Barman.
