Electricity

The right to compensation under para 7(1) of Sch 4 to the Act was conferred in general language. The only limitation which might be said to flow from the language used was that the loss for which compensation was claimed had to be loss suffered by the claimant in his capacity as owner or occupier of the land, rather than in some wholly unrelated capacity. The established authorities had repeatedly emphasised that it was by reference to the value to the owner of the land being acquired that compensation was quantified, rather than its objective market value. That principle was fully applicable to the grant of wayleaves. In the instant case, the loss of a contractual right to proceeds of the sale of the land under a conditional contract, where the contract had fallen away because of the grant of the wayleave, had been fairly and squarely a loss suffered by the respondent in its capacity as owner