1.1Way Leaves and Right of way

1.1.1Way leaves is the right to use the property of another without possessing it. In the context of transmission lines, Way leaves is the affected area is corridor of the line and the area required during construction and maintenance stage.

1.1.2Right of Way is the corridor that gives the power entity to have way leaves. The obstacles like tall trees etc have to be removed in the width of the ROW in order to prevent outages.

1.1.3The clearing should be carried out both in legal and physical sense.

1.1.4If any compensation has to be made on crops it should be accounted for the period till the installation work is to be over according to programme.

1.1.5Taking into consideration on theoretical requirement of right-of-way and transport requirements of maintenance the following right of way widths are recommended.

1.1.6The ROW for various voltages is given in the table.

1.2Land Schedules and ROW issues.

1.1.7Land schedule is the statement that indicates the data pertaining to the owners of the land for obtaining permissions and payment of compensations.

1.1.8The cadastral maps of the village/township area are collected from the revenue officials of the local government.

1.1.9A typical cadastral map is shown in the illustration here.

Transmission Voltage

Recommended Width of Right-of- Way

33 kV 15 m

66 kV 18 m

110 kV 22 m

132 kV 27 m

220 kV 35 m

400 kV 52 m

500 kV HVDC

52 m

800 kV 85 m

NUAPUT VILLAGE

TAPAGANDA VILLAGE

115

16

30

31

32

18

17

16

2

1

5

3

6

9

4

39

7

8

11

33

10

1413

12

36

35

4140

39

38

37

48

45

29

42

43

44

2827

2625

24

23 22

116

47

46

60

21 58

57

5659

10096

98

97

55

54

53

52

51

50

111

109

110

104

107108

118

106

105

114

103

93

95

99

101

102

92

91

90

8988

9487

86

68

69

76

82

83

84

8577

78

79

80

81

71

70

67

65

64

117

7572

73

19

20

61

66

62

66

BIL

AP

UT

VIL

LAG

E

1.1.10These maps have usually units that are different from the topo maps and therefore these maps have to be scaled to the UTM coordinates.

1.1.11The tower locations are marked on these maps and the plot number is identified. A sample of cadastral map with location of towers marked on is shown in the illustration.

1.1.12The local revenue officials would have to be involved in the identification of the land and the details pertaining to the owners, the type of crops, trees etc.,

1.1.13authority for Right of Way is conferred by the issue of a Notification by the officer of the licensee (in case of state power transmission corporations, the Chief Engineer) in exercise of powers conferred by the Government 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.

1.1.14In India, Right of Way is not purchased. As per sub – section 10 (b) of The Indian Telegraph Act, 1885, the power entity 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 should 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.

1.1.15The Notification of Right of Way is to be got published in the State Gazette indicating the names of all the villages / dhanies along the route of the line as well as villages adjacent to the route.

1.1.16A 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.

1.1.17In exercise of the powers vested under sub – section 10 (c) of The Indian Telegraph Act, 1885, the construction agency and the power entity will have to prevent unnecessary damage to the property during the construction as well as maintenance.

1.1.18They would have to pay the full compensation to all persons interested for any damage caused to standing crops or fruit bearing trees which are accepted by the Revenue Authorities as eligible for payment of compensation, Land Schedule as given below.

1.1.19The crop compensation sheet statement has to be attested by the local revenue officer of the area with the statement of indicating Dimensions and area of the property in which damage has been caused., The details, type and quality of the crop damaged and The expected yield(s) of the crop(s), rate(s) and total cost(s).

1.1.20This crop compensation is assessed by competent authority who issues the sanction for compensation for crops destroyed or property damaged during the execution of the works on the above basis.