Excelsior Correspondent
Srinagar, May 14: High Court has dismissed the plea seeking compensation for laying of high tension power line over residential house by recording that the right to aerial space lies with the Government.
Justice Sindhu Sharma dismissed the plea seeking direction to assess and pay compensation and damages of Rs. 25 lakhs for the residential house of the aggrieved petitioner which has been rendered uninhabitable due to the installation of a High-Tension Transmission Line at Uri, Wagoora.
The petitioner-Farooq Ahmad Lodhi had claimed to be the owner of landed property situated in Village Gingal, Tehsil Uri, where a residential house over a small portion of land, has been constructed by him and the authorities started constructing a tower to lay high-tension transmission lines over the roof of his residential house.
In this regard, he had approached the Chairman, District Legal Services Authority, Baramulla, seeking compensation, however, no concrete action was taken.
“In view of the facts and circumstances of the case, the claim of the petitioner for compensation appears to be misplaced as the aerial right of way for transmission lines remains with the State, and individual landowners cannot assert legal, fundamental, or constitutional rights over the construction of transmission lines, unless there is a proven loss or damage resulting from the construction”, the court concluded.
The court further clarified that the transmission lines were laid strictly in accordance with the approved alignment and feasibility report under a sanctioned scheme, thereby rendering the petitioner’s grievance legally untenable.
Follow our WhatsApp channel
