Bhiwandi Legal Fraternity Discusses Land, Compensation And RoW In Power Transmission Projects

The session was led by Adv. Ravi Bhoir, President of the Association, along with Adv. Pramod Hajare. Discussions focused on the legal framework governing transmission infrastructure, particularly the Electricity Act, 2003 and the Indian Telegraph Act, 1885.

During the programme, experts stated that Right of Way (RoW) remains one of the most significant challenges in transmission projects and often leads to disputes due to lack of awareness. It was clarified that RoW does not amount to land acquisition and grants only a “right of user”, while compensation is payable for damages including crop loss and tower installation.

The speakers discussed Sections 67, 68 and 164 of the Electricity Act, including the powers of transmission licensees to lay lines, the requirement of government approvals, and the applicability of provisions of the Indian Telegraph Act for infrastructure deployment.

Reference was also made to the Supreme Court judgment in Power Grid Corporation of India Ltd. vs. Century Textiles & Industries Ltd., wherein it was held that prior consent of landowners is not necessary once statutory approvals are obtained, while emphasising the importance of transmission infrastructure in public interest.

The session featured expert speakers including Adv. Devesh Juvekar, Adv. Honey Chandanani, Adv. Yogesh Yogi and Shri Sanjay Jog, who discussed compensation mechanisms, dispute resolution processes and legal remedies available to affected stakeholders.

During the interactive discussion, participants raised queries regarding disputes between landowners and transmission companies, tower alignment, compensation assessment and the legal status of land under transmission lines. Experts clarified that disputes relating to compensation and rights are initially addressed before the Sub-Divisional Magistrate and District Collector, with further remedy before the District Judge. They also noted that High Courts generally do not grant stay orders in such matters and have consistently held that landowners are entitled to fair compensation but cannot seek to stop the transmission work or alter the alignment.

It was further explained that tower placement is decided based on technical feasibility, safety clearances, terrain conditions and cost efficiency, and that prior consent of landowners is not mandatory when statutory powers are exercised. On compensation, the experts stated that the amount is determined by district authorities in accordance with government guidelines and generally covers damage to crops, trees, land and structures, along with restrictions arising from RoW.

The experts also clarified that under transmission laws, land is not acquired and only a limited Right of Way is exercised for installation and maintenance of transmission lines. Ownership remains with the landowner and land records such as the 7/12 extract are not affected.

The programme concluded with a discussion emphasising the need for greater legal clarity to reduce disputes and facilitate smoother implementation of power infrastructure projects.