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1 - 7 of 7 (0.50 seconds)Article 227 in Constitution of India [Constitution]
Section 16 in The Indian Telegraph Act, 1885 [Entire Act]
The Executive Engineer vs Doddakka on 6 August, 2014
9. The principle underlying Doddakka's case is that
although the land owner continues to retain title of partial
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use of land, the high tension corridor permanently restricts
its full utilization, and therefore, a uniform percentage must
be applied to ensure just and equitable compensation.
Karnataka Power Transmission ... vs A P Manoharachar on 7 August, 2014
The
trial Court while determining the compensation has taken the
guidelines that are enumerated in the case of Karnataka
Power Transmission Corporation Ltd., Bengaluru and
Others vs A.P Manoharachar5 and applying the said
guidelines the compensation has been quantified at
` 1,49,212/-. This Court further finds that the decisions
relied upon by the petitioners are distinguishable on facts. In
the present case, Deputy Commissioner's order reveals that
only crop loss and surface damage were assessed, and there
was no separate evaluation of the diminution in value of the
land. Consequently, the contention of the petitioners that
the earlier writ petitions were decided in their favour and the
compensation towards diminution value awarded by Courts
had been set aside, cannot aid the petitioners, as decisions
are per incuriam and not applicable to the facts of the
present case. This Court finds no error in the reasoning of
5
2015 (1) KCCR 245
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the trial Court. The finding that diminution in land value was
not included in Deputy Commissioner's determination is
borne out by the record. The award of additional
compensation is justified and does not warrant any
interference and this Court pass the following :
Smt. Jayamma vs The Executive Engineer (Ele.) on 23 September, 2022
4. In support of their respective contentions, both
sides relied on various coordinate Bench decisions. The
learned counsel for the petitioners has relied upon the
decision of the co-ordinate Bench of this Court in Executive
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Engineer and Another vs Katappa1, Similarly, in the cases
of Executive Engineer and Another vs H.M
Shivanandaiah2, and Executive Engineer and Another
vs Jayamma3, (all disposed of on 09.09.2022), to contend
that under identical circumstances, when the Deputy
Commissioner had already taken diminution value of the land
into account, the trial Court could not award additional
compensation.
The Executive Engineer vs Sri H M Shivanandaiah on 9 September, 2022
4. In support of their respective contentions, both
sides relied on various coordinate Bench decisions. The
learned counsel for the petitioners has relied upon the
decision of the co-ordinate Bench of this Court in Executive
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Engineer and Another vs Katappa1, Similarly, in the cases
of Executive Engineer and Another vs H.M
Shivanandaiah2, and Executive Engineer and Another
vs Jayamma3, (all disposed of on 09.09.2022), to contend
that under identical circumstances, when the Deputy
Commissioner had already taken diminution value of the land
into account, the trial Court could not award additional
compensation.
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