Writ Petition No. 8985 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 8985 OF 2023 (GM-KEB) BETWEEN: 1. THE EXECUTIVE ENGINEER (ELECTRICAL), NO.5, SUB-DIVISION, MAJOR WORS DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED.,(K.P.T.CL), KOTITOPU, TUMAKURU. 2. ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA NO.5, SUB-DIVISION, MAJOR WORS DIVISION-IV, K.P.T.C.L., KOTIHOPU, TUMUKURU DISTRICT. (BY SMT. SHUBHA.S., ADVOCATE) AND:
Legal Reasoning
SRI. NANJAIAH S/O. LATE UNTHURIAH, AGED ABOUT 74 YEARS, TAGGIHALLI VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMUKURU DISTRICT-572 211. (SERVED AND UNREPRESENTED) …PETITIONERS …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 2 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Shubha.S., counsel for the petitioners has appeared in person. An emergent notice to the respondent was ordered on 21.04.2023. A perusal of the office note depicts that notice to the respondent is served and he is unrepresented. He has neither engaged the services of an advocate nor conducted the case as a party in person. 2. The status of the parties is referred to as per their status and ranking before the trial court. 3. The facts are stated as under: The petitioner filed a petition under Section 16(3) of the Indian Telegraphic Act, 1885 in Civil Misc.No.309/2020 on the file of the VII Additional District and Sessions Judge, Tumakuru, for enhancement of compensation contending that he is the owner of land bearing Sy.No.7/P8 measuring - 3 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR 33 Guntas, situated at Taggihalli, Nittur Hobli, Gubbi Taluk, Tumakuru District. It is said that the land is fertile land. The respondents have drawn 220 KV Electric Transmission line shifting HAL project in Gubbi Taluk through petitioner's garden land. They have cut and removed fruit bearing trees. He has specifically contended that the land is worth Rs.1,00,000/- per Gunta and the respondents have drawn 220 KV Power Line by destroying Crops in the land and have paid compensation of Rs.1,65,000/- towards land and an amount of Rs.57,951/- towards cutting of trees. After service of summons, the KPTCL filed statement of objections. They pleaded that the respondents have paid the compensation towards diminution value of the land as per the order of the Deputy Commissioner dated 12.02.2016 to the tune of Rs.1,65,000/- towards Corridor Area, Rs.37,264/- towards cutting of trees and Rs.20,781/- as additional compensation. The amount has been paid to the petitioner as full and final settlement of compensation wherein the claimant acknowledged the same without demur - 4 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR and as such there is no need to award any further compensation. Accordingly, they prayed for the dismissal of the petition. The Trial Court recorded the evidence and vide order dated 29.10.2022 partly allowed the petition and awarded enhanced compensation of Rs.5,39,550/- towards diminution of land value with interest at the rate of 8% per annum from 12.02.2016 till payment and Rs.9,62,000/- towards cutting of mango trees with interest at the rate of 8% per annum from 12.02.2016 till payment. This order is challenged in the captioned Writ Petition on several grounds as set out in the Memorandum of Writ Petition. 4. Learned counsel for petitioners has urged several contentions. Heard the arguments and perused the writ papers with care. 5. The principal ground on which this Court is asked to quash the impugned order is that the Trial Court has erroneously proceeded to award which is nothing but a double the additional amount of compensation. - 5 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR 6. Suffice it to note that on 12.02.2016, the Deputy Commissioner, after considering as to the erection of Lines of 220 KV Line, assessed the value of the land. The authority has paid a sum of Rs.1,65,000/- towards diminution value of the land and the claimant has received the same. However, the Trial Court taking note of the sale agreement which is said to have been executed with respect of some other land and arrived at a conclusion that the value of the land is Rs.54,500/- per Gunta and awarded enhanced compensation of Rs.5,39,550/- towards diminution value of the land. This is untenable. If the order is sustained, it amounts to double payment of compensating. Hence, the compensation awarded by the Deputy Commissioner towards diminution value of land is just and proper. 7. Counsel Smt.Shubha.S., in presenting her arguments drew the attention of the Court to the decision in THE EXECUTIVE ENGINEER, KPTCL, CHITRADURGA AND ANOTHER V. DODDAKKA - ILR 2015 KAR 677. I have carefully perused the order passed by the Trial Court. - 6 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR The award amount in respect of Mango Trees require modification. CALCULATION OF MANGO TREES There are 15 Mango trees aged one year. The Trial Court has awarded Rs.437.06/- per tree. The same is modified as Rs.1,000/- per tree. Rs.1,000/- X 15 Trees = Rs.15,000/-. There are 7 fruit bearing Mango trees. If we deduct 30% of cost of cultivation in view of DODDAKKA's case, the calculation will be as under: SL.NO. NO. OF TREES YIELD PRICE (RS) 1. 7 125 50/- • 125 X 50 X 10 = 62,500/- • 30% Cost of Cultivation = 62,500 X 30/100= 18,750/- • 62,500 - 18,750 = Rs.43,750/- per tree • 43,750 X 7 = Rs.3,06,250/- (for 7 Mango Trees). The compensation awarded towards Jackfruit tree is unaltered. Hence, the re-assessed compensation is as under: - 7 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR 1. 1 Jack fruit tree Rs.16,280/- 2. 15 Mango Saplings of one year Rs.15,000/- 3. 7 fruit bearing Mango Trees Rs.3,06,250/- TOTAL Rs.3,37,530/- Taking into consideration the above calculation, the claimant is entitled for total compensation of Rs.3,37,530/- towards cutting of trees. Counsel Smt.Shubha.S., submits that the Authority has already paid a sum of Rs.57,985/- while drawing up of the line. Therefore, an amount of Rs.2,79,545/- is to be paid to the claimant with interest at the rate of 6% from the date of petition till realization. 8. The Writ of Certiorari is ordered. The Order dated 29.10.2022 passed by the VII Additional District and Sessions Judge, Tumakuru in Civil.Misc.No.309/2020 vide Annexure-A is quashed. 9.
Decision
Resultantly, the Writ Petition is allowed in part. - 8 - NC: 2025:KHC:24075 WP No. 8985 of 2023 HC-KAR 10. Lastly, counsel Smt.Shubha.S., submits that pursuant to the interim order, 50% of the award amount has already been deposited before the Trial Court. Hence, an appropriate order may be passed. Submission is noted. The Trial Court is directed to look into the deposit made by the Authority and calculate the same and pay the balance amount to the Claimant. If there is any excess amount, the same shall be refunded to the Authorities. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 19