On May 14, 2025, the Jammu & Kashmir and Ladakh High Court ruled that landowners do not have legal, fundamental, or constitutional rights over the aerial space occupied by high-tension transmission lines. The court emphasized that the aerial right of way for such infrastructure continues to vest with the State, and landowners are not entitled to compensation solely due to the presence of transmission lines above their properties.

The case involved a resident from Uri, who had constructed a house beneath a high-tension transmission line and sought compensation for alleged damages. The court dismissed the petition, referencing a 2005 Division Bench ruling that upheld the State’s authority over aerial rights for transmission lines, affirming that landowners cannot claim compensation merely because such lines pass over their land.

This decision aligns with previous judgments from other High Courts, including Gujarat, which have similarly upheld the State’s rights over aerial space for transmission infrastructure.

Sources