#compensation for land damage

The Bombay High Court found that the state’s unauthorized pipeline construction, which obliterated over 550 pomegranate trees-the petitioner’s sole livelihood-constitutes a prima facie violation of the right to livelihood under Article 21 and property rights under Article 300A. Notice has been issued to government agencies to justify their failure to assess or compensate for this irreversible economic harm, setting a critical precedent for infrastructure projects impacting agrarian communities.

The Himachal Pradesh High Court ruled that accepting partial compensation under protest does not waive the right to claim full compensation under Section 16(3) of the Indian Telegraph Act. The court upheld an award of Rs. 2,66,906 with 9% interest, emphasizing that factual findings by lower courts are binding unless perverse or jurisdictionally flawed. This sets a precedent for landowners seeking full compensation for damage to trees and crops due to telecom infrastructure.