Landowners Cannot Claim Compensation for Aerial Right of Way; Compensation Granted Only for Acquired Land and Damages
In a significant judgment, the Jammu and Kashmir High Court has reaffirmed the state's exclusive rights over the aerial corridors of transmission lines, ruling that individual landowners cannot claim compensation for the aerial right of way. The Division Bench, comprising Justices Sindhu Sharma and Shahzad Azeem, dismissed the appeal filed by Ghulam Mohi Uddin Sheikh, who contested the denial of compensation for land beneath overhead transmission lines.
The case stemmed from the construction of a 220 KV D/C Zainakote-Amargarh transmission line, which required land acquisition. Sheikh's land was partially acquired for constructing tower structures, and he received compensation for 5 Marlas of land through private negotiation. However, Sheikh sought additional compensation for the entire land affected by the overhead transmission lines, arguing that it rendered his land unusable.
The court noted that the aerial right of way for transmission lines is vested with the state, as established in the precedent of "Ranvijay Chand v. State of J&K." It emphasized that landowners cannot claim legal, fundamental, or constitutional rights over such corridors. Compensation is only applicable for the land directly acquired and any demonstrable damages.
The court acknowledged that compensation for trees cut for the transmission corridor has been assessed and is awaiting disbursement. It advised Sheikh to approach the Collector's office for the release of this compensation.
This ruling reinforces the legal position that while landowners may receive compensation for acquired land and damages, the aerial space utilized by transmission lines remains a state-controlled domain, underscoring the balance between infrastructure development and individual property rights.
Bottom line:-
A landowner cannot claim compensation for the aerial right of way of transmission lines, as such rights vest with the State, unless there is demonstrable loss or damage resulting therefrom.
Statutory provision(s): Land Acquisition Act, relevant state laws on land acquisition and compensation, precedents from previous judgments such as "Kerala State Electricity Board v. Livisha" and "Ranvijay Chand v. State of J&K."
