Karnataka High Court
The Chief Engineer vs Sudha W/O K Suresh on 11 April, 2022
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
Digitally
signed by
SHIVAKUMAR
HIREMATH
SHIVAKUMAR Location:
HIREMATH Dharwad
Date: WP No. 113268 of 2019, C/W WP No. 113269 of 2019
2022.04.23
13:25:08 WP No. 113270 of 2019, WP No. 113271 of 2019
+0530
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 113268 OF 2019 (GM-RES)
C/W
WRIT PETITION NO. 113269 OF 2019
WRIT PETITION NO. 113270 OF 2019
WRIT PETITION NO. 113271 OF 2019
WRIT PETITION NO. 113272 OF 2019
WRIT PETITION NO. 113273 OF 2019
WRIT PETITION NO. 113274 OF 2019
WRIT PETITION NO. 113275 OF 2019
WRIT PETITION NO. 113276 OF 2019
WRIT PETITION NO. 113277 OF 2019
WRIT PETITION NO. 113278 OF 2019
WRIT PETITION NO. 113279 OF 2019
WRIT PETITION NO. 113268 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
MAJOR WORKS DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
-2-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
GANGAPPA S/O SANNAPPA
AGED ABOUT: 65 YEARS,
R/O: NO.78 LEFT SIDE OF
BENGALURU ROAD, 1ST WARD, BLOCK
HALAKUNDI, TQ and DIST: BALLARI, PIN CODE : 583102
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.6/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113269 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583102
3. THE MANAGING DIRECTOR
MAJOR WORKS DIVISION,
KPTCL, CAUVERY BHAVAN,
-3-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
BENGALURU-560001
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
RADAMMA W/O. CHANDRASHEKAR,
AGED ABOUT 42 YEARS,
R/O. NO.107 LEFT SIDE OF BENGALURU ROAD,
1ST WARD, BLOCK HALAKUNDI,
TQ. AND DIST. BALLARI, PIN - 583103
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.7/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113270 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
-4-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
MAJOR WORKS DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
VENKATESHAPPA S/O. KASIMAPPA, AGED ABOUT 54
YEARS, R/O. NO.80, BENGALURU ROAD, MINCHERI
ROAD, LEFT SIDE, BALLARI, TQ. AND DIST. BALLARI,
PIN CODE 583102.
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.8/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113271 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
-5-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH.,ADVOCATE)
AND:
SUDHA W/O. K. SURESH,
AGED ABOUT 29 YEARS,
R/O. 2ND WARD, BESIDE RAILWAY GATE,
HALAKUNDI VILLAGE,
TQ. AND DIST. BALLARI, PIN CODE : 583102
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.9/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113272 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583101.
-6-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
MANJUNATH S/O. RAMANJANAPPA,
AGED ABOUT 48 YEARS,
R/O. HALAKUNDI VILLAGE,
TQ. AND DIST. BALLARI,
PIN CODE : 583102
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.10/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113273 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583101.
-7-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
VENKATESHAPPA S/O. KASHIMAPPA,
AGED ABOUT 60 YEARS, OCC: AGRIL,
R/O. 104, BENGALURU ROAD,
HALAKUNDI, TQ. AND DIST. BALLARI,
PIN CODE 583102
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.11/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113274 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
-8-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
K. SURESH S/O. HIROJAPPA,
AGE ABOUT 39 YEARS,
R/O. 2ND WARD, BESIDE RAILWAY GATE,
HALAKUNDI VILLAGE,
TQ. AND DIST. BALLARI, PIN CODE : 583102
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.12/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113275 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
-9-
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583102
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560001
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
PAKRUMA W/O. ANNU SAB,
AGED ABOUT 62 YEARS,
R/O. 5GTH WARD INDRA NAGAR,
BALLARAPPA COLONY, BALLARI,
TQ AND DIST. BALLARI, PIN 583103
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.13/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113276 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
- 10 -
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH.,ADVOCATE)
AND:
HANUMANTHA S/O. GURRAPPA,
AGED ABOUT 27 YEARS,
R/O. 17, RANGAMANDIRA CIRCLE,
MOBHALLI BANDIHATTI,
HAGARIBOMMANAHALLI,
DIST. BALLARI - 583102
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.14/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113277 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583102.
- 11 -
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583102
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560001
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
PALTURU YERRISWAMY S/O. THIMAPPA, AGED ABOUT
67 YEARS, R/O. I WARD, NO.95, MINCHERI RASTE, NEAR
ESHWARA TEMPLE, HALAKUNDI, TQ. AND DIST.
BALLARI, PIN CODE - 583101
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.15/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113278 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
- 12 -
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
K. ERANNA S/O. SHIDDAPPA, AGED ABOUT 29 YEARS,
R/O. W.NO.02, MINCHERI ROAD, LEFT SIDE, HALAKUNDI
VILLAGE, TQ. AND DIST. BALLARI, PIN - 583101
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.16/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
WRIT PETITION NO. 113279 OF 2019
BETWEEN:
1. THE CHIEF ENGINEER
ELECTRICITY TRANSMISSION ZONE,
KPTCL, BALLARI-583101.
2. THE EXECUTIVE ENGINEER
WORKS DIVISION,
- 13 -
WP No. 113268 of 2019, C/W WP No. 113269 of 2019
WP No. 113270 of 2019, WP No. 113271 of 2019
WP No. 113272 of 2019, WP No. 113273 of 2019
WP No. 113274 of 2019, WP No. 113275 of 2019
WP No. 113276 of 2019, WP No. 113277 of 2019
WP No. 113278 of 2019, WP No. 113279 of 2019
KPTCL, BALLARI-583101
3. THE MANAGING DIRECTOR
MAJOR WORK DIVISION,
KPTCL, CAUVERY BHAVAN,
BENGALURU-560032
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
MANJUNATHA S/O. RAMANJANEYA, AGED ABOUT 50
YEARS, R/O. 176 LEFT SIDE OF MICHERI, LEFT SIDE OF
ESHWAR TEMPLE, HALAKUNDI, TQ. AND DIST. BALLARI,
PIN CODE - 583102
...RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO (A) CALL FOR THE
RECORDS IN RESPECT OF MISC. PETITION NO.17/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI AND
ETC.,
THESE PETITIONS COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioners who are the various officers of the Karnataka Power Transmission Corporation Limited are before this Court seeking for the following reliefs:
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019
(a) Call for the records in respect of Misc.
Petition No.6/2017, Misc. Petition No.7/2017, Misc. Petition No.8/2017, Misc. Petition No.9/2017, Misc. Petition No.10/2017, Misc. Petition No.11/2017, Misc. Petition No.12/2017, Misc. Petition No.13/2017, Misc. Petition No.14/2017, Misc. Petition No.15/2017, Misc. Petition No.16/2017, Misc. Petition No.17/2017 on the file of the II Additional District and Sessions Judge, Ballari.
(b) Quash the impugned order and award dated 27.02.2019 made in Misc. Petition No.6/2017, Misc. Petition No.7/2017, Misc. Petition No.8/2017, Misc. Petition No.9/2017, Misc. Petition No.10/2017, Misc. Petition No.11/2017, Misc. Petition No.12/2017, Misc. Petition No.13/2017, Misc. Petition No.14/2017, Misc. Petition No.15/2017, Misc. Petition No.16/2017 and Misc. Petition No.17/2017 passed by the II Additional District and Sessions Judge, Ballari produced as Annexure- C by issue of writ of certiorari or any other suitable writ or order or directions.
(c) Grant such other reliefs as this Hon'ble Court deems fit under the circumstances of the present case including an order for costs may kindly be passed.
2. The II Additional District and Sessions Judge, Ballari in Miscellaneous No.6/2017, Misc. Petition No.7/2017, Misc. Petition No.8/2017, Misc. Petition No.9/2017, Misc. Petition No.10/2017, Misc. Petition No.11/2017, Misc. Petition No.12/2017, Misc. Petition No.13/2017, Misc. Petition No.14/2017, Misc. Petition
- 15 -
WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 No.15/2017, Misc. Petition No.16/2017, Misc. Petition No.17/2017 has passed different orders dated 27.02.2019 awarding certain compensation on the ground of the erection of the electricity towers and drawing of the transmission lines across the lands of various land owners under two headings, i.e. one as regards the fact of erection of the towers on the land of the land owners and second, on account of the diminution of land value due to diminution in the yield grown on the said lands. Various amounts having been awarded under different petitions. The petitioners are before this Court challenging the same.
3. Sri. Gurudev Gachchinmath, learned counsel for the petitioners submits that, in terms of Sections 10 and 11 of the Indian Telegraph Act, 1885, the petitioners are entitled to enter upon any land and set up electricity lines and as such, there is no
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 compensation which is liable to be paid towards installation of the towers. As regards diminution, his submission is that, there is no documentary evidence which has been placed on record to establish any diminution in the land value on account of the installation of the tower inasmuch, the land continues to belong to the owner of the land and it is only the towers which have been established by the petitioner.
4. Per contra, Sri. S.C.Bhuti, learned counsel for the respondent would submit that, on account of the installation of the towers the land owner would not be able to be cultivated. Apart therefrom, due to the erection of the tower and the power lines being drawn there will be adverse effect to the property in terms of cultivation as also in terms of utilization of the land on a later date, since there are certain restriction as regards construction on the lands with
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 power lines running through it. On this ground, he submits that though the respondent would be entitled to seek for enhancement of compensation, they are yet to do so and that the present batch of petitions are required to be dismissed.
5. Heard Sri. Gurudev Gachchinamath, learned counsel for the petitioners, Sri. S.C.Bhuti, learned counsel appearing for the respondents. Perused the papers.
6. Sections 10 & 11 of the Indian Telegraph Act, 1885 reads as under:
10. Power The telegraph for telegraph authority may, to from place time and to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon, any immovable property:
Provided that-
(a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the 1[Central Government], or to be so established or maintained;
(b) the Central Government] shall not acquire any right other than that of user only in the property under, over, along, across, in or upon
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 which the telegraph authority places any telegraph line or post; and
(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and
(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 exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
11. Power to enter on property in order to repair or remove telegraph lines or posts : -
The telegraph authority may, at any time, for the purpose of examining, repairing, altering or removing any telegraph line or post, enter on the property under, over, along, across, in or upon which the line or post has been placed.
7. It is on the basis of these two provisions that, Sri. Gurudev Gachchinamath, learned counsel submits that, a telegraph authority may at any time enter into land belonging to any person and set up towers and draw power lines on the land belonging to such
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 private person. It is only if the land belongs to the local authority that necessary permission under Section 12 is required to be obtained, but if a land belongs to a private person, no such permission is required to be obtained. Sri. Gurudev Gachchinamath, learned counsel further submits that, the petitioners being entitled to install towers and draw power lines, there is no compensation which is required to be paid, since it is the right vested with the petitioners to do so and the towers are put up and power lines are drawn in the public interest, since the electricity is supplied to the public at large.
8. This Court cannot lose sight of the context of the Act, since without context, there can be no meaning which can be attributed to any particular litigation or enactment. The Indian Telegraph Act, was promulgated in the year 1885 i.e. it is a pre-
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 independence Act. The said Act was promulgated when the country was sub-judicated, and generally no citizen of the country had any right fundamental or otherwise. It is in those circumstances that the British in India had given certain authorities right and/or authority to virtually ride roughshod over the rights of a citizen, enter into the property of the citizen and put up either a railway line or telegraph lines on those lands without seeking for any permission from such land owner. The contention of Sri. Gurudev Gachchinamath is that, since the towers are established for public purpose and the power lines are drawn for the public purpose in terms of providing electricity to the general public no compensation need to be paid. The said argument cannot come in the way of granting compensation. If the said argument is adopted or accepted, there would be no requirement to award compensation
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 even for the highways formed, since highways are also for public purpose and public importance. Once a land is utilized by any authority for any purpose whatsoever, without the consent of such person by way of purchase, it would be but required for the authority, Central, State or otherwise, whether exercising powers under the Indian Telegraph Act, or any other Act to compensate the land loser.
9. Admittedly, there are towers which have been established on the properties of the respondents in these batch of matters and there are power lines which have been drawn. Admittedly, there are warning signs put up that nobody can cultivate anything under the tower or near abouts. This Court can also take judicial notice of the fact, that whenever there are petitions which are filed seeking for compensation on account of destruction of the crop due to the power line falling into the agricultural
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 fields, many a time the defence taken is that the farmer ought not to have cultivated under the power lines. Such being the case, the authorities cannot be permitted to take advantage in both these situations.
10. Merely because the authorities are permitted to enter upon a land under an enactment that is traceable to colonial times, it cannot be said that the said authority is not required to grant compensation. In fact, Clause-D to Proviso to Section 10, makes it clear that while entering the land, the authority shall do as little damage as possible and shall also pay full compensation to all persons interested for any damage sustained by them, by the reason of exercising those powers.
11. The interpretation of damage needs to be given full at wide effect. Damage could be immediate/present or in future. Damage can be as regards the land lost
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 and also the effect of putting up of towers and drawing of the power lines on the said property. It is also to be taken note that, no construction can be made below high tension wire.
12. Thus, for all the aforesaid reasons, there is a loss which is caused to the owners of the land on account of the erection of the towers which is required to be compensated which would also come within Clause-D to the Proviso to Section 10 of the Act. As regards the diminution, the contention of Sri. Gurudev Gachchinamath is that there is no particular document which has been placed on record to establish any diminution and the calculation made by the trial Court is not proper. On enquiry as to whether the authorities have carried out any such study and or come up with the formula to be adopted in such circumstances, he submits that there is no such formula which the authorities have arrived at
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 nor any study caused or conducted by the petitioners as regards diminution on account of a tower or drawing up of the power lines.
13. Sri. Gurudev Gachchinmath submitted that, whenever there is a tower which is sought to be established and or power lines drawn, the concerned officers visits the property/villages, negotiate with the villagers and fixes an amount as compensation.
14. Sri. S.C.Bhuti, learned counsel for the respondents in reply submitted that, insofar as the land of the petitioner in the present village is concerned an amount of Rs.1,50,000/- has been considered towards installation of the tower and depending on the extent of land, loss of diminution has been fixed. He submits that, in respect of other lands, higher amounts have been fixed for the same extent of land. For example in Chitradurga district and Tumkur
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 district a sum of Rs.3,00,000/- has been fixed for 'C' type tower and in the Ramanagar district a sum of Rs.3,600/- per square meter has been fixed and in a Hassan district, a sum of Rs.5,50,5000/- has been fixed.
15. Though this factor has been taken note of by the trial Court in paragraph No.44 of the order, it appears that the same is on the basis of the value of the land since they are of different districts.
16. Be that as it may, Clause - D or the proviso to Section 10 requiring compensation to be paid for any damage caused, it would but be required for the petitioners to come up with a proper mathematical formula for assessing the compensation to be paid, both for the purpose of setting up of the tower as also for drawing up of power lines. As regards which
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 a proper study would have to be commissioned by the State.
17. As afore referred the only submission of the petitioner is that, in view of Sections 10 & 11 no compensation is liable to be paid for setting up of tower and the other argument is that, no scientific evidence has been placed on record to establish the diminution in the value of the property. Such argument cannot be permitted. Admittedly, the petitioners are making payment of compensation towards setting up of towers in different district and different amounts have been fixed.
18. In the present case the trial Court has taken into consideration a sale deed said to be executed for land covered under Survey No.21/A measuring 5 acres 40 cents of Hallagundi village and arrived at a calculation of Rs.2,50,000/- per acre to be the value
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 of the land. Thus, this calculation being on the basis of the document cannot now be challenged by the petitioners without producing any document contradicting the said valuation. Mere submission that, such valuation cannot be taken into consideration is not sufficient.
19. As regards the diminution, as afore observed on account of a tower being set up and or the power lines being drawn, the former/land-owner would be deprived of using the land under the tower as also the crops are adversely effected on account of the electromagnetic radiation, etc., which the trial court has taken into consideration and arrived at the diminution at 50% of the value of the property below the power line.
20. In the absence of any other methodology of calculation which has not been put forth by the
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 petitioners, I am of the considered opinion that the said methodology cannot be disputed. It is one thing to say that the methodology is bad and another to establish how it is bad. The petitioner has not been able to establish as to how the methodology adopted by the trial Court to arrive at a value of diminution of land value is bad. Hence, this submission is also required to be rejected.
21. Since the only arguments which have been advanced in all these matters are the afore said two arguments which are on law and not on facts, there is no requirement for this Court to go through the facts of each matter. These two arguments being rejected, the order passed by the trial Court in all the matters would have to be confirmed.
22. This Court vide interlocutory order dated 18.11.2019 had directed the petitioners to deposit 50% of the
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 amount awarded as a condition for stay, which has been deposited. The balance 50% to be paid within a period of eight weeks from today. The said amount is directed to be released to the respective respondents by allowing I.A.No.1/2022.
23. In view of the observations made, I pass the following ;
ORDER
(i) The petitions stand dismissed.
(ii) I.A.No.1/2022 is allowed. The amount deposited is permitted to be withdrawn by the respective respondents.
(iii) Considering that the Indian Telegraph Act is of the year 1885, it would be required for the Law Commission to look in to the matter and suggest modes and methodologies of arriving at and determining compensation on account of erection of towers as also drawing of power
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WP No. 113268 of 2019, C/W WP No. 113269 of 2019 WP No. 113270 of 2019, WP No. 113271 of 2019 WP No. 113272 of 2019, WP No. 113273 of 2019 WP No. 113274 of 2019, WP No. 113275 of 2019 WP No. 113276 of 2019, WP No. 113277 of 2019 WP No. 113278 of 2019, WP No. 113279 of 2019 lines. The Registrar General is directed to forward the above order to the Law Commission of India, with a request to do the needful.
Sd/-
JUDGE SVH