IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.25831/2019 (GM – KEB) BETWEEN:
1. ASSISTANT EXECUTIVE ENGINEER [ELEC.] 400 KV LINE TOWER MAJOR WORKS DIVISION KARNATAKA POWER TRANSMISSION CORPORATION LIMITED 3RD CROSS, J.C.R. EXTENSION CHITRADURGA.
2. THE EXECUTIVE ENGINEER [ELEC.] MAJOR WORKS DIVISION KARNATAKA POWER TRANSMISSION CORPORATION LIMITED VIDYANAGAR, DAVANAGERE.
3. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERY BHAVAN BENGALURU-560001 REP. BY ITS GENERAL MANAGER [AD & HRD]. …PETITIONERS (BY SRI H.V.DEVARAJU, ADV.) AND:
SRI C.SRINIVASA RAO S/O C.GANGADARA AGED ABOUT 54 YEARS R/AT No.166, WARD No.25 BELLARY NAGAR BELLARY-08. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE CONNECTED RECORDS RELATING TO ANNEXURE-C DATED 08.02.2019 PASSED IN CIVIL MISCL. No.10/2017 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA; TO QUASH ANNEXURE-C DATED 08.02.2019 PASSED IN CIVIL MISCL.NO.10/2017 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA; AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Though the matter is listed for orders, regarding furnishing of process fee, correct address etc., to issue notice to respondent/claimant, on examining the matter, this Court has taken up the case for final disposal as the writ petition filed by the KPTCL deserves to be rejected in view of the decision of the Cognate Bench of this Court in W.P.No.51886/2013 and Connected Matters, confirmed by the Division Bench in W.A.Nos.2883-2884/2014 and Connected matters.
2. The respondent/claimant had filed a Civil Miscellaneous No.10/2017 on the file of the Principal District and Sessions Judge, Chitradurga under Section 16[3] of the Indian Telegraph Act, 1885 claiming enhanced compensation along with interest for the damages caused to the crops as well as the standing trees in the land belonging to the petitioner by the respondents for utilizing the said land to install the high tension electric line etc. The KPTCL had awarded a compensation of Rs.5,56,755/- for the damages caused to the trees in the property of the respondent/claimant. On the Civil Miscellaneous Petition filed by the respondent, the learned District Judge has enhanced the compensation to Rs.16,49,000/- as against Rs.5,56,755/-. Being aggrieved, the KPTCL has preferred this writ petition.
3. The main ground of challenge is inasmuch as the determination of the value of the sweet lime trees. The learned District Judge has awarded Rs.7,949/- per sweet lime tree based on the decision of this Court in W.P.No.51886/2013 and Connected Matter dated 12.08.2014 which has been confirmed in W.A.Nos.2883- 2884/2014 [D.D. 15.03.2019]. The total compensation is determined considering the damage caused to the 225 sweet lime trees at Rs.16,38,986/- along with compensation towards installation of tower at Rs.10,000/- totally amounting to Rs.16,48,986/- which at any stretch of imagination cannot be held to be illegal or arbitrary, more particularly in view of the decision rendered by the Division Bench aforesaid.
In such circumstances, issuance of notice to the respondent is nothing but a futile exercise.
Hence, the writ petition stands dismissed as devoid of merits.
Sd/- JUDGE NC.