Applicability Of LARR Act To Power Transmission Lines Over Private Land Must Be Examined By Competent Authority: Kerala HC

The Kerala High Court has held that the concerned authority must examine at appropriate proceedings, whether the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) apply to cases where electricity transmission lines are drawn over private land without acquisition of title.A Division Bench comprising Justice A Muhamed Mustaque and Justice Harisankar V Menon made the observation while dismissing two writ appeals filed by residents of Vizhinjam and Venganoor Villages in Thiruvananthapuram. The appeal arose against a Single Judge decision against the writ petition (WP(C) 27378/ 2018) by the petitioners. The petitioners in the writ petition contended that the compensation for determining the market value of the property through which the Kerala State Electricity Board Limited (KSEBL) has launched the construction of a 220 KV Multi Circuit Lines to supply power to Vizhinjam International Sea Port Limited must be determined by LARR Act. The Single Judge has dismissed this contention and held that the petitioners are entitled to compensation as contemplated under Indian Telegraph Act, 1885. In the present appeal, the appellants have contended that placing high-voltage electricity lines over their land amounted to a de facto acquisition, substantially restricting their right to enjoy the property. Relying on Article 300A of the Constitution and the doctrine of eminent domain, they argued that compensation ought to be determined under the LARR Act.The Court observed that “Land acquisition” implies divesting the title/ ownership from a private owner and the corresponding vesting of the title/ ownership with the State. It further noted that the parliament has never contemplated the application of the LARR Act to situations other than those involving such acquisition of land. The Bench noted that the real grievance of the appellants related to the quantum and determination of compensation, which cannot ordinarily be adjudicated under writ jurisdiction.Referring to Section 10(d) and Section 16(3) of the Indian Telegraph Act, 1885, the Court held that landowners are entitled to full compensation for any damage sustained, and disputes regarding sufficiency of compensation must be decided by the statutory authority designated under the Act.The Court also referred to Section 67 of the Electricity Act, 2003, which mandates payment of full compensation for damage, detriment, or inconvenience caused by electricity works, while leaving the procedure for determination to rules framed by the appropriate government.The Court thus observed that the question whether the LARR Act can be applied for determining compensation as general law must be considered in appropriate proceedings. The Court has noted that while invoking writ jurisdiction, the Court shall not entertain an issue relating to the principles to be followed in adjudication related to determination of compensation. “The Writ Court cannot decide in what manner compensation is to be determined. Whether the LARR Act holds the field after its enactment is a matter to be considered by the competent authority at an appropriate level.” Court added. The Court thus concluded that there is no scope for interference in the appeal and dismissed the writ appeals. Case Title: Leo L K and Ors. v State of Kerala and Ors. Citation: 2025 LiveLaw (Ker) 849Case No: WA 673/ 2020 and connected matter Counsel for Appellant: :T R S Kumar, K Rajan, Deena Joseph, Deepa R Menon, T K ShajithCounsel for Respondent: K M Sathyanatha Menon, Vipin P Varghese, Kavery S ThampiClick Here To Read/ Download Judgment in WP(C) 27378/ 2018Click Here to Read/ Download Judgment in WA 673/ 2020

Applicability Of LARR Act To Power Transmission Lines Over Private Land Must Be Examined By Competent Authority: Kerala HC

Anamika MJ

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