Karnataka High Court
The Executive Engineer vs Sri H M Shivanandaiah on 9 September, 2022
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.5284 OF 2021 (GM-KEB)
BETWEEN:
1. THE EXECUTIVE ENGINEER
MAJOR WORKS
KPTCL, SUB-DIVISION-I
JSR EXTENSION
3RD CROSS (EAST)
CHITRADURGA - 577 501.
2. THE ASSISTANT EXECUTIVE ENGINEER
MAJOR WORKS
KPTCL, SUB-DIVISION-I
JSR EXTENSION
3RD CROSS (EAST)
CHITRADURGA - 577 501.
...PETITIONERS
(BY SMT.RAKSHITHA.D.J., ADVOCATE)
AND:
SRI.H.M.SHIVANANDAIAH
@ SHIVANANDAPPA @ H.M.SHIVANANDAPPA
S/O MALLAPPA
AGED ABOUT 68 YEARS
R/OF: NARENAHAL VILLAGE
JN.KOTE (POST)
CHITRADURGA TALUK
CHITRADURGA DISTRICT - 577 501.
...RESPONDENT
(SERVED)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Smt.Rakshita.D.J., learned counsel for petitioners has appeared in person.
2. The status of the parties is referred to as per their 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.262/2019 on the file of the Special II Additional District and Sessions Judge, Chitradurga, for award of compensation along with interest contending that he is the owner of the land bearing Re.Sy.No.272/1 of JN Kote Village, Chitradurga Taluk. It is said that the land is red fertile dry land. It is also contended that prior to the date of drawing of High Tension Power Line, he was 3 growing Arecanut, Coconut, Banana, Cotton, etc., by drilling two bore-well in his land.
He has specifically contended that the land is worth Rs.20,00,000/- (Rupees Twenty Lakh only) per acre and the respondents have drawn 220 KV Power Line/ Tower by destroying crops in the land to an extent of 1 Acre and respondents have paid compensation of Rs.1,87,774/- (Rupees One Lakh Eighty Seven Thousand Seven Hundred and Seventy Four only) towards damages and in view of installation of Power Line/Tower across the land, the fertility and value of the Land are decreased.
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 14.06.2019 to the tune of Rs.1,87,774/- (Rupees One Lakh Eighty Seven Thousand 4 Seven Hundred and Seventy Four only) towards Corridor Area. The amount has been paid to the petitioner as full and final settlement of compensation wherein the claimant acknowledged the same without demur 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:25.11.2020 allowed the petition and awarded a sum of Rs.49,000/- (Rupees Forty Nine Thousand only) with interest at 6% per annum towards compensation/ damages. It is this order which has been 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.
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5. Heard the contentions urged on behalf of petitioners and perused the writ papers with care.
The principal ground on which the 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.
Suffice it to note that on 14.06.2019, the Deputy Commissioner, after considering as to the erection of Lines of 220 KV DC Line from existing 220/66 KV Station, Hiriyur at Chitradurga Station and on the existing Corridor partly on Multi Circuit Line in between LILO Point of Guttur -Hiriyur Line to 220 KV Chitradurga Sub-Station, assessed the diminution value of the Land per Acre Rs.2,30,000/- (Rupees Two Lakh Thirty Thousand only) towards Corridor Area.
The claimant received a sum of Rs.1,87,774/- (Rupees One Lakh Eighty Seven Thousand Seven 6 Hundred and Seventy Four only) vide cheque bearing No.579994 dated:26.03.2019 towards Corridor Area.
However, the Trial Court without noticing the said factual aspects, re-determines the compensation with regard to Corridor area and tower area and awarded a sum of Rs.49,000/- (Rupees Forty Nine Thousand only) solely on the ground that the compensation awarded is towards crops.
In my view, the said reasoning and the finding is untenable since what is required to be considered is the diminution value of the land. The Deputy Commissioner has considered the same and has rightly awarded compensation. If the order is sustained, it amounts to double payment of compensation. I may venture to say that the Trial Court has failed to have regard to relevant considerations and disregarded relevant matters. In my considered opinion, the order passed by the Trial Court is unsustainable in law.
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Resultantly, order of Certiorari is granted. The Order dated:25.11.2020 passed by the Special II Additional District and Sessions Judge, Chitradurga in Civil.Misc.No.262/2019 vide Annexure-A is quashed.
Accordingly, the Writ Petition is allowed.
Sd/-
JUDGE TKN