Within the area of land that falls under the transmission line right of way, the construction of houses or other structures, the planting of tall trees, or the undertaking of risky activities is not permitted.
Kathmandu — The government has introduced a provision allowing the subdivision of land that falls beneath electric transmission line wires. Through the third amendment to the Land Use Regulation, 2022, a new provision has been made permitting the subdivision of land located within the transmission line right of way, while keeping ownership of such land in the name of the concerned landowner.
The provision introduced to address problems seen in the construction of transmission lines has already been published in the Gazette on November 13th and has come into effect.
Under the new arrangement, although land beneath transmission lines may be subdivided, safety standards will remain unchanged. Within the area of land that falls under the transmission line right of way, the construction of houses or other structures, the planting of tall trees, or the carrying out of risky activities will not be permitted.
During the construction and operation of transmission lines, an area extending a specified distance to both the right and left from the center of the line is designated as the “right of way,” taking into account the safe operation of the line, maintenance, and public safety. The width of the right of way is determined based on factors such as the voltage level of the transmission line, the height of the towers, the sag of the conductors, and technical standards.
For 66 kV and 132 kV transmission lines, the right of way extends 9 meters on each side from the center of the line, totaling 18 meters. For 220 kV transmission lines, it extends 15 meters on each side, totaling 30 meters, and for 400 kV transmission lines, it extends 23 meters on each side, totaling 46 meters.
During the construction of transmission lines, the land where tower pads are located is acquired by paying compensation, meaning ownership of that land remains in the name of the project. However, in the right of way, ownership of the land remains in the name of the concerned landowner, and a certain percentage of compensation is provided. At present, landowners are being given compensation ranging from 10 to 25 percent of the assessed value of the land that falls within the right of way.
The provision allows land to be subdivided while maintaining ownership in the name of the concerned landowner, provided that a written request is submitted along with a decision from the relevant project on land acquisition and proof that compensation has been provided.
“The Land Use Regulation states that if a written request is submitted, along with a decision from the relevant project regarding land acquisition and proof that compensation has been provided, in accordance with prevailing laws, for the subdivision of land within the right of way area of an electric transmission line for which compensation has been paid to the concerned landowner, such land may be subdivided while maintaining ownership in the name of the concerned landowner.”
Since only a portion of the land fell within the transmission line right of way, and the entire parcel could not be subdivided, landowners faced economic and social difficulties—they were unable to subdivide their land, transfer ownership, or use it as collateral in banks and financial institutions. Now that the land within the right of way can be subdivided, land transactions are expected to become easier, and landowners will be able to legally utilize their property.
