Individual landowners have no legal, fundamental, or constitutional right to claim compensation for the 'aerial right of way' beneath transmission lines, as this right vests with the State, though they may claim specific damages for physical loss or damage to crops/trees.

JUDGMENT
Per: Sindhu Sharma-J

01. This Letters Patent Appeal is directed against the judgment dated 06.06.2024 passed by this Court in WP(C) No. 1531/2020 titled Ghulam Mohi Uddin Sheikh vs Union Territory of J&K and others, whereby the writ petition filed by the petitioner has been dismissed.

02. Briefly stated the facts relevant in the present appeal are that, the respondents started the process for laying of transmission lines for 220 KV D/C Zainakote-Amargarh line. The appellant was among one of the land owners whose land was acquired by the respondents for construction of tower structure of 220 KV D/C Zainakote-Amargarh Transmission line. The land measuring 20 marlas 02 Sarsai and 04 feet was required for construction of tower structure which was to be carried out in execution of

original project report, route profile and sanctioned scheme after obtaining due sanction from the competent authority i.e., Techno Economic Committee as well as respondents.

03. The land of the appellant measuring 05 Marlas falling under Khasra No. 372 Min was required for construction of transmission tower. The appellant made an application to the respondents for shifting of the tower foundation subsequently but the same was not considered due to technical feasibility as the transmission route stood approved through the Central Electricity Authority, Government of India. The land was already notified for acquisition along with other locations for construction of the tower.

04. The payment of 05 marlas of the land was made in favour of the appellant on negotiated rates fixed during private negotiation committee in 2008 under the Chairmanship of Deputy Commissioner, Budgam.

05. The appellant, aggrieved of the fact that compensation awarded to the appellant on account of laying of the transmission line in which power transmission towers were erected as also with respect to the land on which overhead transmission lines, approached this Court by way of OWP No. 1472/2015 titled “Ghulam Mohi-Ud-Din Sheikh vs. State of J&K and others”. This petition was disposed of vide order dated 21.08.2015 by holding as under:

“In view of the short controversy involved, this petition is disposed of with a direction to respondents to accord consideration to petitioner’s claim as set out in petition, in light of averments made in petition, annexures appended thereto and rules occupying the field. Let such decision be taken within four weeks from the date of receipt of copy of order.”

06. The aforesaid order dated 21.08.2015 was not implemented and, as such, contempt petition bearing CPOWP No. 316/2016 was filed for implementation of the said order. The respondents, in compliance to the order dated 21.08.2015, considered the case of the appellant and placed on record consideration order No. 09 of 2015 dated 12.10.2015. The respondents in the consideration order decided the claim of the petitioner by holding as under:

“In view of the above given facts and in light of the Court order dated 21.08.2015, the claim of the petitioner for compensation of the land has been thoroughly been examined and considered on the touchstone of rules and the same has been found not tenable under rules and, as such, is accordingly rejected.”

07. The aforesaid consideration order dated 12.10.2015 has been assailed by the appellant by way of WP(C) No. 1531/2020. In the writ petition, the appellant prayed for quashing of consideration order No. 09 of 2015 dated 12.10.2015 whereby the claim of the appellant was rejected and sought further direction to the respondents to assess and pay compensation for acquisition of land situated at Akilpora, Razwan, Tehsil Beerwah, District Budgam, over which the power transmission towers have been erec