Hv line power towers on our agricultural land and not paying land compensation
Mohammad
(Querist) 24 May 2014
This query is : Resolved
Hello sir,
We have some agricultural land in a rural area in ranga reddy dist Andhra Pradesh. A High Voltage(HV) line power towers are going from our agricultural land. The length and breadth of the tower is 20 X 20 meters respectively. We are asking for the compensation of the land according to the revenue(government rate). The contractor is denying by saying he will pay the compensation only for the crop loss not for the land. In our locality The govt. rate is 10 lacks per acre , we are loosing 6 guntas of land , the contractor is paying only Rs 20,000. Moreover they didn't give any notice to the land owners and directly they are digging the land. When we the owners asked the contractor who gave you the permission to dig our lands, His replies are,"WE ARE DOING GOVT WORK WE DON'T NEED OWNERS PERMISSION,THEIR IS AN ACT 19XX, ACCORDING TO THE ACT WE HAVE THE AUTHORITY TO CONTINUE THE WORK WITHOUT TAKING THE LAND OWNERS PERMISSION" . Our question is, are they going legally? If not what actions can we take on them?. Can we stop the work? If yes, what is the procedure? Is it true that they will pay the compensation only for crop loss not for land?
We will be highly thankful to you if u give a sincere legal advice on this issue.
Sudhir Kumar, Advocate
(Expert) 24 May 2014
Our question is, are they going legally?
Ans : each state has a procedure for land acquisition by Govt and then Govt may allot it to Govt or private bodies for development work.
If not what actions can we take on them?. Can we stop the work? If yes, what is the procedure?
Ans : If you think it is unauthroised then dia 100
Is it true that they will pay the compensation only for crop loss not for land?
Ans : Meet local lawyer on this issue.
Sudhir Kumar, Advocate
(Expert) 24 May 2014
repeated
http://www.lawyersclubindia.com/forum/Hv-line-power-towers-on-agricultural-land-amp-not-paying-compe-102795.asp#.U4Co_Xb5tv4
Rajendra K Goyal
(Expert) 24 May 2014
Take a stay from court, if land has not been acquired as per procedure, Consult a local lawyer.
P. Venu
(Expert) 25 May 2014
The norms in this regard are regulated by the provisions of Section 10 of the Indian Telegraph Act, 1885 read with those of Section 164 of the Electricity Act, 2003:
10. 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—
(a) 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;
(b) the [Central Government] shall not acquire any right other than that of user only in the property under, over, along, across in or upon which the telegraph authority places any telegraph line or post; and
(c) 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
(d) 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.
Section 164. (Exercise of powers of Telegraph Authority in certain cases):
The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the
purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works, confer upon any public officer, licensee or 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 powers 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.
The work undertaken by the Contractor is lawful if he is engaged by the duly authorized public officer or the licensee. You are only entitled for the damages and not market value of the land.
T. Kalaiselvan, Advocate
(Expert) 26 May 2014
For land acquisition issues, a local lawyer conversant with the state land acquisition laws would be able to provide abetter relief, you may consult one.
