Sri. G C Kantharaju vs Power Grid Corporation India Ltd on 1 September, 2022

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Karnataka High Court

Sri. G C Kantharaju vs Power Grid Corporation India Ltd on 1 September, 2022

Bench: Krishna S.Dixit

                          1




 IN THE HIGH COURT OF KARNATAKA, BENGALURU

  DATED THIS THE 1ST DAY OF SEPTEMBER, 2022

                      BEFORE

    THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

   WRIT PETITION NO.23513 OF 2021(GM-RES)

BETWEEN:

SRI.G.C.KANTHARAJU,
S/O LATE G CHIKKAPPA,
AGED ABOUT 63 YEARS,
R/AT KANJANAHALLI VILLAGE,
DHARMAPURA, HIRIYUR TALUK,
CHITRADURGA DISTRICT - 577 596.
                                         ...PETITIONER
(BY SRI.AJAY PRABU, ADVOCATE FOR
    SRI. SACHIN B S, ADVOCATE)

AND:

1. POWER GRID CORPORATION INDIA LTD.,
   SUB-DIVISION, BEERANAHALLI,
   HIRIYUR, CHITRADURGA DISTRICT - 577 596.
   REPRESENTED BY ITS
   SENIOR DEPUTY GENERAL MANAGER.

2. POWER GRID CORPORATION INDIA LTD.,
   SOUTHERN REGION TRANSMISSION SYSTEM -RHQ,
   NEAR R T O, DRIVIN TEST TRACK,
   SINGANAYAKANAHALLI,
   YALHANKA HOBLI, BENGALURU - 560 064.
   REP BY ITS CHIEF MANAGER.

3. THE DEPUTY COMMISSIONER,
   CHITRADURGA DISTRICT,
   CHITRADURGA - 577 596.
                                      ... RESPONDENTS
                            2




(BY SRI.JOSHNA HUDSON SAMUEL, ADVOCATE FOR R1 & R2;
    SRI. B V KRISHNA, AGA FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
PROHIBIT THE R1 & R2 FROM CUTTTING AND REMOVING THE
EXISTING STANDING TREES IN THE SCHEDULE PROPERTY.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
                        ORDER

Petitioner is knocking at the doors of Writ Court seeking a direction to the Respondent Nos. 1 & 2 restraining them from removing the standing trees in the schedule property.

2. After service of notice, the Respondents 1 & 2 have entered appearance through their Panel Counsel and respondent no.3 is represented by learned AGA. Both learned Panel Counsel and the learned AGA oppose the petition contending that the removal of saplings (which the petitioner wrongly calls as 'trees') inasmuch as, they are grown right below the power lines and non- removal may result into loss of life/limb of innocents. Learned Panel Counsel further submits that he is ready & 3 willing to hand two Demand Drafts both dated 23.08.2022 totally for a sum of Rs.3,95,000/- being the valuation of saplings to be removed. So contending, they seek dismissal of the writ petition.

3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a very limited indulgence in the matter as under and for the following reasons:

a) The subject trees/saplings are standing right under the power-lines is not in dispute; how many trees/saplings are to be removed is a matter ordinarily left to the domain of respondents 1 & 2.

b) The contesting respondents have handed to the petitioner's counsel two Demand Drafts as already mentioned above which the petitioner has accepted subject to his right of appeal for enhancement of compensation.

c) The undertaking of contesting respondents that no tree/saplings outside the zone of requirement would be disturbed and that the other trees in the zone of removal would also be valued and compensation would be paid to the petitioner is placed on record.

d) There is some force in the contention of learned counsel for the petitioner answering that the Respondents should explore the possibility of retaining the trees/saplings by trimming them periodically.

However this is a matter over which decision has to be taken by the said respondents in their wisdom & experience and Courts cannot have much say over the same.

With the above observations, this petition is disposed off, keeping open contentions of the parties in the appeal for enhancement of compensation if any.

Costs made easy.

Sd/-

JUDGE Bsv

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Karnataka High Court