IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.22342/2019 (GM – KEB) BETWEEN:
1 . THE EXECUTIVE ENGINEER (ELE) MAJOR WORKS DIVISION, K.P.T.C.L., KOTHITHOPU ROAD, TUMAKURU TOWN TUMAKURU DISTRICT-572101 2 . THE ASSISTANT EXECUTIVE ENGINEER (ELE) MAJOR WORKS DIVISION, K.P.T.C.L., KOTHITHOPU ROAD, TUMAKURU TOWN TUMAKURU DISTRICT-572101 …PETITIONERS (BY SRI ASHOK N. NAYAK, ADV. FOR SMT.PADMA S. UTTUR, ADV.) AND:
SUNANDA W/O LAKSHMANAGOWDA AGED ABOUT 49 YEARS R/O G.MALLENAHALLI, GUNGURUMALE POST NONAVINAKERE HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT-572201. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE JUDGMENT AND AWARD PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT TIPTUR IN CIVIL MISC. No.10035/2015, DATED 11TH DECEMBER 2018 AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have challenged the judgment and order of the V Additional District and Sessions Judge at Tiptur in Civil Misc. No.10035/2015 dated 11.12.2018 whereby the compensation awarded by the petitioners at Rs.6,000/- is enhanced by 9,000/- with interest at the rate of 8% from the date of filing of petition till the date of recovery determining the value of ragi crop at Rs.15,000/-.
2. The respondent is the owner of the land bearing Sy.No.98/6 measuring 0.23 guntas, situated at Gungurumale Village, Nonavinakere Hobli, Tiptur Taluk and she has raised ragi crop in an area measuring 20X60 square meters. The petitioners herein have drawn 220/110 KV Electricity transmission line from Nonavinakere to Gungurumale tapping point, which passed through the land of the petitioner which is of 22 meters width. The petitioners have cut and removed the ragi crop. In this regard, the petitioners had awarded compensation of Rs.6,000/-.
3. Being aggrieved, the respondent has preferred Civil Misc. Petition No.10035/2015 for enhancement of compensation under Section 19 of the Indian Electricity Act read with Section 16[3] of the Indian Telegraph Act, 1885, which came to be allowed as aforesaid. Being aggrieved, the petitioners are before this Court.
4. The grounds urged by the petitioners in challenging the judgment and award impugned herein is wholly untenable. The learned District Judge having considered the material evidence on record, has enhanced the total compensation by Rs.9,000/-. Yield certificates Ex.P-8 and 9 issued by Horticulture Department and market value of the agricultural produce Ex.P.-10, issued by the Secretary, APMC, Tumakuru for the year 2013-2014 and 2014-2015 supports the claim of the respondent and no substantial material evidence were placed by the respondent to discard the same.
The writ petition is bereft of any substance and accordingly stands dismissed.
Sd/- JUDGE NC.