10 Construction Manual for Transmission Lines
9.0 RIGHT OF WAY:
9.1 The authority for Right of Way is conferred by the issue of a Notification by the Chief
Engineer in exercise of powers conferred by the Govt. of Rajasthan under Section 164 of the
Electricity Act, 2003 (earlier, Indian Electricity Act, 1910). The powers are the same as
conferred on the Telegraph Authority under Section 10 of The Indian Telegraph Act, 1885.
Generally, Right of Way is not purchased. As per sub – section 10 (b) of The Indian
Telegraph Act, 1885, RVPN does not acquire any right other than that of user only in the
property under, over, along, across, in or upon which any line or tower is placed for
construction, operation & maintenance of the line while the owner retains the ownership and
use of the land. These powers shall not be exercised in respect of property vested in or under
the control or management of any local authority without the permission of that authority.
9.2 The proposal for the issue of the Right of Way notification is submitted to the Chief Engineer
(T&C). The names of all the villages / dhanies along the route of the line as well as villages
adjacent to the route are mentioned in the proposal.
9.3 The Notification of Right of Way is to be got published in the State Gazette for which the
required fees is deposited in the Government Press, Jaipur.
9.4 A copy of the Notification of Right of Way is also to be got published in the local newspapers
of the areas in which the transmission line will be passing. This is important as proof of
circulation of information to the general public when contesting court cases which local
landowners may file. The Courts may not accept the publication of the Notification of Right
of Way in the State Gazette as sufficient circulation of information.
9.5 A sample notification is enclosed at Appendix – A.
10.0 COMPENSATION:
10.1 In exercise of the powers vested under sub – section 10 (c) of The Indian Telegraph Act,
1885, RVPN shall do as little damage as possible, and, when it has exercised these powers in
respect of any property (other than that vested in or under the control or management of any
local authority), shall pay full compensation to all persons interested for any damage
sustained by them by reason of exercise of those powers.
10.2 In case damage has been caused to standing crops or fruit bearing trees which are accepted by
the Revenue Authorities as eligible for payment of compensation, the crop compensation
sheet, indicating the following, is prepared with the assistance of the local Patwari of the area.
a) The details of the tower(s) and / or section of the line.
b) The name(s) of the property owner, Khasra no., name of village, etc.
c) Dimensions and area of the property in which damage has been caused.
d) The details, type and quality of the crop damaged.
e) The expected yield(s) of the crop(s), rate(s) and total cost(s).
10.3 The crop compensation sheet is signed by the Junior Engineer / Supervisor & Assistant
Engineer on behalf of RVPN, and the Patwari. The verification is done / award is given by a
Revenue authority not below the rank of Naib Tehsildar. The competent authority, as per the
currently applicable RVPN Delegation of Powers, issues the sanction for compensation for
crops destroyed or property damaged during the execution of the works on the above basis.
10.4 The payment is to be made to the owner of the property through Account Payee Cheque and
receipt obtained for the same. However, if the beneficiary requests in writing, payment up to
Rs. 5000/- only can be made in cash subject to attestation of the acknowledgement by local
Revenue Authority or the JEN / AEN of RVPN.