Case Note & Summary
The petitioners, eight landowners from Ashiv and Wangi villages in Latur district, filed a writ petition seeking quashing of an order dated 04.07.2018 passed by the Maharashtra Electricity Regulatory Commission in Case No. 138 of 2018, and prayed for rental compensation for the use of their lands by the Maharashtra State Electricity Transmission Company Ltd. The transmission company had erected 11 high tension electricity towers of 132 KV capacity in 1981 under the Ujani Umerga line scheme, without obtaining the landowners' consent or paying any compensation. The petitioners claimed that the towers and transmission lines passed over their lands, causing loss of agricultural use and income. They had made representations to the authorities, but the regulatory commission dismissed their claim on the ground of limitation. The court considered the legal position under Section 10(d) of the Indian Telegraph Act, 1885, read with Section 164 of the Electricity Act, 2003, which empowers the transmission company to place lines but mandates payment of full compensation for any damage. The court held that the right to compensation is a continuing right and not barred by limitation, as the use of land is ongoing. The court allowed the petition, set aside the commission's order, and directed the respondents to determine and pay compensation within three months, considering the market value and loss of use.
Headnote
A) Electricity Law - Compensation for Transmission Lines - Section 10(d) Indian Telegraph Act, 1885 read with Section 164 Electricity Act, 2003 - Landowners sought rental compensation for towers erected in 1981 without consent or compensation - The court held that the right to compensation is a continuing right and not barred by limitation, as the use of land is ongoing - The court directed the respondents to determine and pay compensation within three months (Paras 1-11).
Issue of Consideration
Whether the petitioners are entitled to rental compensation for the use of their land by the erection of high tension electricity transmission towers in 1981, and whether the claim is barred by limitation.
Final Decision
The petition is allowed. The order dated 04.07.2018 passed by the Maharashtra Electricity Regulatory Commission in Case No. 138 of 2018 is quashed and set aside. The respondents are directed to determine and pay compensation to the petitioners within three months from the date of the order.
Law Points
- Compensation for transmission lines
- Indian Telegraph Act
- 1885
- Section 10(d)
- Section 164 Electricity Act
- 2003
- Rental compensation
- Continuing cause of action
- Limitation Act
- 1963
