IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.26810/2019 (GM – KEB) BETWEEN:
M/s CONCORD STEEL WORKS PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO.305, 3RD FLOOR GREAT EASTERN CHAMBERS NO.28, SECTOR 11, C B D BELAPUR NAVI MUMBAI-400706 BANGALORE ADDRESS FOR CORRESPONDENCE:
NO.1021, B BLOCK, 13TH MAIN NEXT TO ‘SNEA BHAVAN’, NEAR 20TH CROSS SAHAKARANAGAR BANGALORE-560092 REP BY ITS DIRECTOR SRI VINAY KAMATH ... PETITIONER [BY SRI Y.K.NARAYANA SHARMA, ADV.] AND:
1 . THE STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 REP BY ITS CHIEF SECRETARY 2 . THE DEPUTY COMMISSIONER BANGALORE URABN DSTRICT-560002 3 . M/s KARNATAKA POWER TRANSMISSION CORPORATION LTD., (KPTCL) HEAD OFFICE:ANAND RAO CIRCLE BANGALORE-560009 REP BY ITS MANAGING DIRECTOR 4 . THE CHIEF ENGINEER (ELECTRICAL TRANSMISSION DIVISION) KPTCL, HEAD OFFICE: ANAND RAO CIRCLE BANGALORE-560009 5 . THE ASSISTANT EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, PASHU BHAVAN, BELLARY ROAD, HEBBAL BANGALORE-560024 …RESPONDENTS [BY SMT.NILOUFER AKBAR, AGA FOR R-1 & R-2; SRI H.V.DEVARAJU, ADV. FOR R-3 TO R-5.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE RESPONDENTS TO REMOVE THE TRENCHES/PITS DUG ON THE PETITIONER’S PROPERTY OR DIRECT THE RESPONDENTS TO PAY COMPENSATION WITH INTEREST REGARDING THE UTILIZATION OF THE PROPERTY OF THE PETITIONER BY THE R-3 TO R-5 BY ISSUING NECESSARY DIRECTION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to the respondents to remove the trenches/pits dug on the petitioner’s property or direct the respondents to pay the compensation with interest regarding the utilization of the property of the petitioner by respondent Nos.3 to 5.
2. The petitioner is claiming to be the owner of the property bearing No.65-A, situated at 3rd Cross, opposite to Oxford Rubber, Bommasandra Industrial Area, Bangalore – 560 099. It is the grievance of the petitioner that respondent Nos.3 to 5 have tress-passed to the petitioner’s property and have dug trenches/pits for providing foundation for erecting the new transmission towers for drawing new High Tension Electric Lines without informing the petitioner regarding the purpose of utilization of the property.
3. Learned counsel for the petitioner submits that the representation submitted by the petitioner requesting them to furnish the details of the utilization of the land and to pay the compensation suitably has not been responded to.
4. Having regard to the facts and circumstances of the case, this Court is of the considered view that the interest of justice would be sub-served in directing respondent No.4 to consider the representation dated 18.01.2019 at Annexures – C, D and E submitted by the petitioner and to take a suitable action in accordance with law after providing an opportunity of hearing to the petitioner. The compliance shall be made in an expedite manner, in any event, not later than eight weeks from the date of receipt of the certified copy of the order. Ordered accordingly.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR