Transmission line cannot be laid down on property of land-owners without paying compensation to them

Right to property is right under Art. 300A of Constitution of India. It provides that no person shall be deprived of his property save by authority of law. In this case, a notification was issued by the Electricity Department to lay a High Tension line on the property of petitioners.

The Corporation, being instrumentality of State, utilized property of petitioners and laid down transmission lines on their property but without payment of compensation to them. Corporations and their officers neither can act like private bodies nor can be permitted to grab the property of citizens.

Since the right to property of petitioners was violated, the Corporation directed the government to determine the amount of compensation in respect of damage caused to petitioners by drawing up transmission lines over their lands.

Appearing Counsels : Mr. A. Nagarajappa, Mr. H.V. Devaraj

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