IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WP NOs.22206-22207/2019(GM-KEB) BETWEEN:
1. D. KRISHNAPPA S/O LATE DASEGOWDA AGED ABOUT 60 YEARS 2. DAYANANDA S/O LATE DASEGOWDA AGED ABOUT 46 YEARS BOTH ARE RESIDIGN AT PULAMAGHATTA, RANTAVALA POST MADUGIRI TALUK TUMAKURU-572 132.
... PETITIONERS (BY SRI T. SHANTHARAJ, ADVOCATE) AND ASSISTANT EXECUTIVE ENGINEER(ELE) NO.3, MAJOR WORKS SUB-DIVISION, KPTCL, TUMAKURU-572 101.
... RESPONDENT (BY SRI H.V. DEVRAJU, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO PAY THE COMPENSATION IN RESPECT OF THE LAND AND CROPS AND TREES WHICH WERE GROWN IN SY.NO.70 MEASURING 2 ACRES 28 GUNTAS SY.NO.71/2 MEASURING 39 GUNTAS AND SY.NO.94/2 MEASURING 3 ACRES 13 GUNTAS OF PULAMAGHATTA VILLAGE DODDERI HOBLI, MADUGIRI TALUK FORTHWITH.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioners have sought for a direction to the respondent to pay compensation in respect of the land bearing Survey No.70 measuring 2 acres 25 guntas, Survey No.71/2 measuring 39 guntas and Survey No.94 measuring 3 acres 13 guntas, situated at Pulamaghatta Village, Dodderi Hobli, Madugiri Taluk.
2. The 1st petitioner claims to be the absolute owner of the land bearing Survey No.70 measuring 2 acres and 25 guntas and Survey No.71/2 measuring 39 guntas whereas the second petitioner claims to be the absolute owner of the land bearing Survey No.94, measuring 3 acres 13 guntas, all situated at Pulamaghatta Village, Dodderi Hobli, Madugiri Taluk and there they have raised crops and trees. It is submitted that, the respondent has drawn high-tension 66 KV electricity lines on the lands of the petitioners without paying any compensation to them. Hence, the present petitions.
3. Learned counsel for the petitioners would submit that, no lands of the petitioners could be utilized for drawing of lines erected for power supply by the respondent without awarding compensation for the damages caused to the crops and the lands. The requests made by the petitioners for awarding compensation has not been responded to, by the respondent.
4. Learned counsel for the respondent would submit that, no representation has been made by the petitioners, seeking for any compensation as sought for. If such representation is made, the same shall be considered in accordance with law for awarding compensation, within a time frame.
5. In view of the aforesaid, this Court deems it proper to direct the petitioners to submit their representation before the Competent Authority/Executive Engineer, Electrical, KPTCL Tumakuru, claiming compensation for utilization of their lands by the respondent to draw the high-tension lines. If such representation is made, the same shall be considered by the Competent Authority in accordance with law and the decision shall be taken in an expedite manner, in any event, not later than four weeks from the date of receipt of the such representation, if so made.
The writ petitions stand disposed of, in terms of the above.
Sd/- JUDGE Sbs*