THE EXECUTIVE ENGINEER (ELECTRICAL) v. HIGH

SRI. PANDYAPPA J.R S/O LATE RANGAIAH A/A 43 YEARS, JALAGUNI VILLAGE, CHELUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 117. (BY SRI V.B. SIDDARAMAIAH, ADV.) …PETITIONERS …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITIONQUASHING THE ORDER DTD 09/11/2022 PASSED IN CIVIL MISCELLANEOUS NO. 392/2021 BY THE VII ADDITIONAL DISTRICT JUDGE, TUMAKURU. (ANNEXURE-A) THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 2 - NC: 2024:KHC:22670 WP No. 5266 of 2023 ORDER

The learned District Judge has determined the compensation in respect of the lands which were acquired and in respect of the trees which were cut for laying the transmission lines, has awarded the following sums:

ORDER (i) Misc. No.392/2021 is partly allowed with costs. (ii) The Petitioner is entitled enhanced compensation Rs.73,575/- about diminution of land value with interest at 8 p.a., from 3/10/2020 till payment. (iii) Further, the Petitioner is entitled for enhanced compensation Rs.25,000/-. towards cutting of 10 coconut saplings with interest at 8 p.a., from 3/10/2020 till payment. (iv) Further, the Petitioner is entitled for enhanced compensation Rs.6,12,500/- towards cutting of 14 Badam Mango trees with interest at 8 p.a., from 3/10/2020 till payment. - 3 - NC: 2024:KHC:22670 WP No. 5266 of 2023 (v) Further, the Petitioner is entitled for enhanced compensation of Rs.5,000/- towards cutting of 10 banana plants interest at 8 p.a., 3/10/2020 till payment. (vi) Further, the Petitioner is entitled for enhanced compensation of Rs.5,000/- towards cutting of 62 curry leaves plants with interest at 8 p.a., from 3/10/2020 till payment. (vii) Further, the Petitioner is entitled for enhanced compensation Rs.10,000/- towards cutting eucalyptus tree with interest at 8 p.a., from 3/10/2020 till payment. (viii) Further, the Petitioner is entitled for enhanced compensation Rs.40,000/- towards cutting of 8 herculous trees with interest at 8 p.a., from 3/10/2020 till payment. (ix) Respondent is directed to pay compensation amount along with accrued interest within sixty days from today. - 4 - NC: 2024:KHC:22670 WP No. 5266 of 2023 (x) The entire awarded compensation with interest shall be paid to the petitioner, after deposit.

The learned counsel appearing for the petitioner submits that the amounts awarded towards cutting of 10 coconut saplings and the awarding of Rs.40,000/- for Herculous trees are on the higher side and therefore, requires modification. She also contends that the amounts awarded for 14 Badam Mango trees are also on the higher side and requires to be reduced. She ultimately submits that the Trial Court had not passed any order for deduction of the amounts that has already been paid as compensation.

In my view, the arguments advanced by the learned counsel appearing for the petitioners cannot be accepted in its entirety.

The learned District Judge, on consideration of various factors has examined the matter in great detail and has come to the conclusion that the petitioner was - 5 - NC: 2024:KHC:22670 WP No. 5266 of 2023 entitled to a sum of Rs.25,000/- towards 10 coconut saplings and has determined the value of each saplings at Rs.2,500/- taking into consideration that coconut saplings provide an annual income for a long period of time and this cannot be found fault with.

Similarly, the District Judge has determined the value of Badam Mango at Rs.50/- per kilogram as against Rs.25/- determined by the petitioner. In my view, this assessment of Badam Mango at Rs.50/- per kilogram could not be said to be exorbitant and therefore, the same requires to be confirmed.

As far as the award of Rs.40,000/- towards 08 Herculous trees, the Trial Court has consideration that there is demand in the market for Herculous trees for the purpose of making furniture and therefore, it would be reasonable to assess the value of each tree at Rs.5,000/-. - 6 - NC: 2024:KHC:22670 WP No. 5266 of 2023

In my view, this reasoning also cannot be found fault with at all.

However, the argument of the learned counsel that the Trial Court has not taken into consideration the amounts that have already been paid and it has not directed the amounts already paid to be deducted, requires to be considered.

It is made clear that out of the total compensation payable under the impugned award, the sums already paid by the petitioner shall be deducted and the remaining sums shall be made over to the respondents.

In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. RK CT: List No.: 1 Sl No.: 58 Sd/- JUDGE