The High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed an appeal filed by a Budgam resident who sought compensation for land allegedly rendered unusable due to a high-voltage electricity transmission line passing over his property. The court held that landowners cannot claim compensation merely because overhead transmission lines pass above their land, as the aerial right of way remains with the State.
Background of the Case
The case arose from the construction of the 220 KV Double Circuit Zainakote-Amargarh transmission line project. A portion of land belonging to Ghulam Mohi Uddin Sheikh was acquired for the installation of a transmission tower. According to the record, compensation for five marlas of land was paid to him in 2008 through a negotiated settlement conducted under the supervision of the Deputy Commissioner, Budgam.
The appellant later claimed that although compensation had been paid for the tower site, the overhead transmission line passing through the middle of his property had affected the usability and value of the remaining land. He argued that the transmission corridor had deprived him of agricultural income and impacted fruit-bearing as well as non-fruit-bearing trees.
After his claim was rejected by the authorities in 2015, he challenged the decision before the High Court. The writ petition was dismissed in 2024, prompting the present Letters Patent Appeal.
Court’s Observations
The Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Ajeem examined whether an individual landowner could assert a right to compensation for the aerial corridor used by transmission lines.
Referring to an earlier Division Bench ruling in Ranvijay Chand v. State of J&K, the court reiterated that the aerial right of way for transmission lines continues to vest with the State.
Quoting the earlier precedent, the bench noted that “the individual owners cannot claim compensation” in respect of the aerial right of way and that a landholder cannot assert a legal, fundamental, or constitutional right against the laying of transmission lines carried out under a sanctioned scheme.
The court observed that compensation had already been paid for the land acquired for the tower structure. It further noted that compensation relating to trees removed for the transmission corridor had been assessed and was available through the office of the Collector.
Decision
Finding no illegality or infirmity in the earlier judgment, the Division Bench upheld the dismissal of the writ petition.
“The contention of the appellant regarding payment of compensation for the land coming under the transmission corridor is not admissible,” the court held while relying on the settled legal position governing transmission lines.
Accordingly, the High Court dismissed the appeal and declined to interfere with the order passed by the Single Judge.
Case Details:
Case Title: Ghulam Mohi Uddin Sheikh v. UT of J&K and Others
Case Number: LPA No. 235/2024
Judges: Justice Sindhu Sharma and Justice Shahzad Ajeem
Decision Date: 06 June 2026
