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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Sindhu Sharma, Shahzad Ajeem, JJ
Ghulam Mohi Uddin Sheikh – Appellant
Versus
UT of J&K – Respondent
| Table of Content |
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| 1. parties' contentions regarding the scope of compensation for land usage under power lines. (Para 10 , 11 , 12) |
| 2. court rules that aerial right of way vests with the state, precluding compensation claims for the air space. (Para 13 , 14 , 15) |
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 Co
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