How are Electricity Transmission Right of Way (ROW) Disputes Resolved?

[@lawentrepreneur8344]

In this Video sir starts us off by explaining the importance of ROW. He then explained the 4 types of Scenarios in which disputes Over ROW arise. Firstly, there could be the issues of Obstruction. The second scenario is the dispute over the compensation to be paid. The third is the issue with local authorities and the fourth scenario is the disputes with Infrastructure Authorities. Sir then explained the authority to whom the issue should be presented before depending on the nature of the dispute. In the first case, the district Magistrate is the one that handles such disputes and passes orders to resolve them, ie he would remove the obstruction, as is his duty. Secondly In issues over compensation, An enhancement case with the district judge is filed. Here the electricity act will be the dominant force of determination of guidelines. Thirdly, when objection by local authorities, such disputes are to be appealed to officer of central government. In the fourth scenario, disputes with two types of authority- works authority and repair authority depending on the status of completion of projects is covered by Raj Sir. Here a notice is first given to that authority. The result could be in approval, disapproval, modification in certain plans or silence ie no reply to notice. In case of silence after 15 days, It is deemed to be approved. In case of modification, the changes if acceptable is taken and the work continues. But in case of disapproval or unacceptable modification, the independent Regulatory commission, which gave the license, is to be approached. Sir then eloquently summarised his teachings of this video

[@arjunmaheshwari-vz2tg]

The Indian Telegraph Act, 1885 provides the central government and local authorities with certain powers in the case of Right of Way (ROW) disputes. Section 10 of the Indian Telegraph Act, 1885 empowers the central government to grant licenses for the establishment, maintenance, and working of telegraph lines, and to provide for the terms and conditions of such licenses. Section 16 of the Act provides that the central government may require local authorities, including municipal corporations, to permit the laying of telegraph lines within their jurisdiction, subject to compliance with any rules and regulations that may be prescribed by the government. Section 17 of the Act gives the central government the power to enter upon any land or building to inspect, repair, or alter any telegraph line. However, such entry must be made at a reasonable time and with reasonable notice to the owner or occupier of the land or building. Section 18 of the Act provides that the central government may, with the consent of the owner or occupier of any land, place or fix any telegraph line upon, under, or over such land, subject to the payment of reasonable compensation to the owner or occupier. Section 19 of the Act provides that in cases where the owner or occupier of any land refuses to allow the placement of telegraph lines upon, under, or over such land, the central government may apply to the local district magistrate for an order of access to the land. The district magistrate may then grant access to the land subject to the payment of reasonable compensation to the owner or occupier.

[@arjunmaheshwari-vz2tg]

The provisions of the Electricity Act, 2003 that support the resolution of Right of Way (ROW) disputes are: Section 164: This section empowers the Central Electricity Regulatory Commission (CERC) and the State Electricity Regulatory Commissions (SERCs) to adjudicate disputes between licensees and other persons, including disputes relating to the grant or refusal of any approval or permission under the Act. Section 67: This section empowers the State Electricity Boards (SEBs) to acquire land for the construction, operation, and maintenance of transmission lines and substations. The SEBs are required to pay compensation to the affected parties for the acquisition of land and to follow the due process of law for acquisition of land. Section 69: This section provides for the establishment of a Central Transmission Utility (CTU) and State Transmission Utilities (STUs). The CTU and STUs are responsible for the planning and development of the transmission system and for ensuring the availability of adequate transmission capacity. They are also responsible for the operation and maintenance of the transmission system, including the management of ROW. Section 86: This section provides for the establishment of State Electricity Regulatory Commissions (SERCs) to regulate the electricity industry in the states. The SERCs are empowered to issue licenses for the transmission and distribution of electricity and to specify the terms and conditions of such licenses, including the provisions relating to ROW. Section 126: This section provides for the establishment of an Electricity Ombudsman to address grievances and complaints of consumers relating to the supply of electricity, including disputes relating to ROW.

[@jayadubey3162]

Electricity transmission right of way disputes are resolved through a combination of legal processes, negotiations, and regulatory oversight. These disputes typically arise when there is a disagreement between the owner of the transmission right of way and other parties, such as landowners or local communities, over the use, access, or compensation related to the transmission infrastructure.

[@lawentrepreneur8344]

Case- TIRON DAIMARI and 516 ORS vs. THE POWER GRID CORPORATION OF INDIA LTD. and 4 ORS The following committee report has been observed and upheld in this case During the Power Ministers Conference held on April 9-10, 2015 at Guwahati with States/UTs, it has, inter alia, been decided to constitute a Committee under the chairmanship of Special Secretary, Ministry of Power of analyse the issues related to Right of Way for laying of transmission lines in the country and to suggest a uniform methodology for payment of compensation on this count. Subsequently, this Ministry had constituted a Committee with representatives from various State Governments and others. The Committee held several meetings to obtain the views of State Governments on the issue and submitted its Report along with the recommendations (copy of the Report is at Annex-1)] 2. The Recommendations made by the committee are hereby formulated in the form of following guidelines for determining the compensation towards "damages" as stipulated in Section 67 and 68 of the Electricity Act, 2003 read with Section 10 and 16 of the Indian Telegraph Act, 1885 which will be in addition to the compensation towards normal crop and tree damages. This amount will be payable only for transmission lines supported by a tower base of 66 KV and above, and not for sub-transmission and distribution lines below 66 KV:- (i) Compensation @ 85% of land value as determined by District Magistrate or any other authority based on Circle rate/Guideline value/ Stamp Act rates for tower base area (between four legs) impacted severely due to installation of tower/pylon structure; (ii) Compensation towards diminution of land value in the width of Right of Way (RoW) Corridor due to laying of transmission line and imposing certain restriction would be decided by the States as per categorization/type of land in different places of States, subject to a maximum of 15% of land value as determined based on Circle rate/guideline Value/Stamp Act rates

[@smilly3632]

Sir agar tree ho to kya rule hai

[@energydialoguewithrajsingh5063]

Dear Every state has its Act. For example please see The UP protection of Trees in Rural and Hill areas Act 1976. Dear Subscribers please share Tree Acts in your states.

[@gitamvamsi]

Sir both pgcil and andha transco two transmission lines are going along with my agriculture land 1996 thay layed that time land cost is 50000/acre Now 2024 cost is 1.5 cr/acre Due to these line 0. 7 cr/acre Life of transmission line?

[@energydialoguewithrajsingh5063]

Please Whatspp all the document’s at 9810070075. Will ask team to see.

[@hrishitagadan5803]

Case - Gujarat State Energy vs Ratilal Maganji Brahmbhatt (2020) Ratio- The Court held that the Act confers powers to the Telegraph Authority to determine the property over which the lines are to pass or posts to be erected. The powers of the District Magistrate under Section 16(1) of the Indian Telegraph Act, 1885, does not extent to any adjudication, as to from where and how, the line has to be drawn over any specific item of the property or where posts have to be erected or not, in any specific item of the property. The Power of the District Magistrate is confined only to the extent of exercising his discretion in granting permission to the Telegraph Act, to execute the work, when an application is made by the licencee or the competent authority.

[@hrishitagadan5803]

Case - Kerala State Electricity Board vs. Livisha and Others( 2007) Ratio- Pallam electric line, trees were cut and removed from the property of the respondents. The Power Grid Corporation of India Ltd. granted a compensation of to the respondents. The respondents were not satisfied with the award. They filed O.P before the court of the Additional District Judge of Alappuzha, claiming an enhanced compensation . The respondents claimed enhancement of compensation in respect of tree cutting and they also claimed compensation for diminution of land value. The court below by the order impugned in this revision held that the respondents are entitled to an enhanced compensation of Rs. 528/- for the trees cut. There is no challenge to that part of the order passed by the court below. The court below granted a compensation for diminution of land value. It was held as The situs of the land, the distance between the high voltage electricity line laid thereover, the extent of the line thereon as also the fact as to whether the high voltage line passes over a small tract of land or through the middle of the land and other similar relevant factors in our opinion would be determinative. The value of the land would also be a relevant factor. The owner of the land furthermore, in a given situation may lose his substantive right to use the property for the purpose for which the same was meant to be used.