OF KARNATAKA AT BENGALURU DATED THIS THE 4 TH DAY OF MARCH v. ANJARIA

(BY SRI. SUDESH KUMAR ACHARYA U.,ADVOCATE) …APPELLANTS - 3 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023 AND:

KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), TRANSMISSION (W AND M ) CIRCLE, KPTCL, MAROLI, KULASHEKHAR, MANGALORE-575 005, REPRESENTED BY ITS SUPERINTENDENT ENGINEER (EL.).

THE ASSISTANT EXECUTIVE ENGINEER, KPTCL, MAJOR WORKS DIVISION, KAVOOR-575 005, MANGALORE.

THE ASSISTANT EXECUTIVE ENGINEER, KPTLC, MAJOR WORKS DIVISION, KUNJIBETTU, UDUPI-576 102.

THE DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE, UDUPI DISTRICT, RAJATADRI, MANIPAL-576 104, UDUPI DISTRICT.

UDUPI KASARGODU TRANSMISSION LIMITED, STAIR LIGHT TRANSMISSION LIMITED, A PUBLIC SECTOR UNDERTAKING HAVING ITS OFFICE AT 4TH FLOOR, ABCO TRADE CENTRE, NATIONAL HIGHWAY-66, KOTTARA CHAUKI, MANGLAURU-575 006, D.K DISTRICT, REPRESENTED BY ITS DEPUTY GENERAL MANAGER. - 4 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023

POWER GRID CORPORATION OF INDIA LTD, A PUBLIC SECTOR UNDERTAKING OF GOVERNMENT CORPORATE OFFICE, SOUTHERN REGION, YELLAPPA V ROAD, BENGALURU - 560 064. …RESPONDENTS (BY SRI.NILOUFER AKBAR, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a. ALLOW THE WRIT APPEAL BY SETTING ASIDE THE IMPUGNED ORDER DATED

27.10.2023 PASSED IN WP No. 3186/2023 (GM-KEB) BY THE LEARNED SINGLE JUDGE AND ALLOW THE WRIT PETITION AS PRAYED FOR b. GRANT SUCH OTHER AND FURTHER RELIEF AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING: JUDGMENT Heard learned advocate Mr. U. Sudesh Kumar Acharya for the appellants.

2. The present writ appeal preferred under Section 4 of the Karnataka High Court Act, 1961 is directed against the common - 5 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023 judgment and order of learned Single Judge dated 27.10.2023 insofar as it relates to Writ Petition No.3186 of 2023.

2.1 At the outset, it may be stated that one of the Writ Petition No.19432 of 2022 was withdrawn upon filing of memo of withdrawal by the petitioners thereof stating that they would avail the remedy under Section 10(d) of the Indian Telegraphic Act, 1885 for redressal of their grievance and further avail the remedy under Section 16(3) of the Act, if becomes necessary.

2.2 The other three writ petitions are also disposed of as learned advocates for those petitioners sought liberty to file representations before the Deputy Commissioner to assert their rights under Section 10(d) of the Act and also to have the recourse, if necessary, under Section 16(3) of the Act.

3. The operative part of the order dated 27.10.2023 disposing of the rest of the petitioners reads as under,

(a) The petition stand disposed of reserving liberty to each of the petitioners to file their representation/applications remedy under Section 10(d) of the Telegraphic Act, and file such they shall be at before representations/applications 10.11.2023. They shall appear before to avail liberty - 6 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023 Deputy concerned 15.11.2023 without further notice to avail the opportunity of hearing. Commissioners (b) The concerned Deputy Commissioners shall, after considering the representations/ applications so filed, including any material that may be placed on record as regards the consent forms signed and the compensation received by the petitioners, decide on the representations on or before 08.12.2023. It would be needless to observe concerned petitioners would be at liberty to avail their further remedy as contemplated under Section 16(3) of the Telegraphic Act.

that on such consideration,

3.1 In the writ petition, it was prayed to forebear the respondents from drawing the high tension wire lines and constructing high tension towers in, around and over the land of the petitioners for their 400KV/DC, Udupi-Kasaragodu power supply unit. The second prayer was to direct respondent No.4 - District Magistrate to consider the objections submitted by the petitioners, and after considering representations and objections of all petitioners, to conduct the inquiry as per the provisions of the Telegraph Act and pass appropriate orders. It was thirdly prayed to direct the respondents to realign the power transmission line - 7 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023 through the Government land which, according to the petitioner, was available and vacant to be utilized as alternative.

3.3 Learned Single Judge required the petitioners to avail the recourse to Section 10(d) of the Act.

4. Section 10 falling under Part III titled as “Power For Telegraph Authority to Place and Maintain Telegraph Lines and Posts” deals with the power of the telegraph authority to place and maintain telegraphic lines and posts. Section 10(d) reads as under,

10. Power for telegraph authority to place and maintain telegraph lines and posts - The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and post in or upon, any immovable property: Provided that- (a) …………… (b) …………… (c) …………… (d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has in respect of any exercised property other than that referred to in clause (c), shall pay full compensation to all persons those powers - 8 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023 interested for any damage sustained by them by reason of the exercise of those powers

.

4.1 Thus, the provision requires the competent authority to pay compensation to the persons whose property is damaged by reason of exercise of powers under the Act for laying the transmission line.

4.2 Furthermore, Section 16 of the Act speaks about the disputes as to the compensation. Section 16(4) and 16(5) of the Act provide as under:

16. and disputes as to compensation, property other than of a local authority:- Exercise of powers conferred by section 10, in case of (1) ……….. (2) ……….. (3) ……….. (4) If any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the Court of the District Judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine compensation or, as the case may be, the proportions the persons entitled receive - 9 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023 in which the persons interested are entitled to share in it. (5) Every determination of a dispute by a District Judge under sub-section (3), or sub-section (4) shall be final: Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the persons who has received the same

.

5. In light of the above provisions of the Act, learned Single Judge rightly observed that if the transmission companies take any portion of the petitioners’ properties identified in the survey, the affected petitioners would be entitled to compensation. It was observed therefore the petitioners would have to approach the competent authority under Section 10(d) of the Act.

6. Learned Single Judge was entirely justified in disposing of the writ petition with the directions as above. No error could be brooked requiring interference of this Court. [7. The challenge in the writ appeal stands meritless. The appeal is dismissed. - 10 - NC: 2024:KHC:10126-DB WA No. 1503 of 2023 In view of dismissal of the appeal, interlocutory applications, if any, would not survive and they stand accordingly disposed of. Sd/- CHIEF JUSTICE Sd/- JUDGE THM List No.: 1 Sl No.: 40