Construction of electric pole in my property can we get compensaton
In Civil Law
Answers (4)
DHBVN WHO IS PRIMARILY RESPONSIBLE FOR ELECTRIFICATION IN SOUTH HARYANA. WITHOUT PRIOR NOTICE OR INTIMATION THEY CAN NOT CONSTRUCT HIGH TENSION WIRE POLE IN YOUR AGRICULTURAL LAND . THE HAVE TO GIVE COMPENSATION AS PER THE RULES AND REGULATIONS PRESCRIBED IN THE LAND ACQUISITION ACT. THERE ARE OTHER FACTORS ALSO INVOLVED DESPITE THAT WHICH NEEDS TO BE CONSIDERED.
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In, 2007 the Supreme Court of India in Atma Singh v/s State of Haryana, case No 2133 dated December 7, 2007, held that in fixing compensation development potential of the land must be taken into consideration. The Supreme Court, in case No 2007 LAWS (SE-5-143) Kerala Electricity Board v/s Livisha, held that 35 per cent of the diminutive land must be calculated as compensation. It also held that for trees, eight years of income should be taken into consideration as compensation based on the age/yield of the trees. The Patna High Court, in case No 1132 of 2010, directed that the procedure of giving notice to the landowner fixing compensation and payment must be scrupulously observed.
Ist of all it is not clear whether the dhbvn wishes to install ordinary poor or it is a tower than the installing company would be hvpni.in the later case there should have to be a notification in the Haryana government official gazette regarding the scheme and there is provision of compensation yoo, but you will have to seek compensation from the district collector by moving an application, in the former case there is no scheme and the dhbvn would be liable to pay compensation . You may ask for compensation from DC or in case you feel that alternate route is available then yoh may filers case for permanent injection in civil court and claim compensation also. Feel free to contact
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