IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 1st DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL Nos.2890-91 OF 2014 (GM-KEB) BETWEEN:
1. THE EXECUTIVE ENGINEER KPTCL MAJOR WORKS DIVISION, KSRTC DEPOT ROAD, CHITRADURGA – 577 501.
2. ASSISTANT EXECUTIVE ENGINEER MAJOR WORKS SUB-DIVISION, KPTCL (BESCOM) NEAR KSRTC DEPOT ROAD, CHITRADURGA – 577 501. .. APPELLANTS (BY SRI. M C NAGASHREE, ADVOCATE) AND:
SHANTHAMMA, W/O RAJANNA, AGED ABOUT 53 YEARS, AGRICULTURIST, R/O PALLAVAGERE VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT-577 501.
... RESPONDENT (BY SRI. SPOORTHY HEGDE N, ADVOCATE) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION Nos.36926/2013 C/W 38526/2014 DATED 12/8/2014.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, S.G.PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the common order dated 12.8.2014 of the learned Single Judge in W.P.No.36926 of 2013 connected with W.P. No.38526 of 2014, the petitioners - Karnataka Power Transmission Corporation Limited filed these appeals seeking to set aside the said order.
2. The appellants - Karnataka Power Transmission Corporation Limited filed W.P.No. 36926 of 2013 assailing the order dated 22.4.2013 passed in Misc. No.164 of 2009 of the learned Additional District and Sessions Judge, Chitradurga by which the Misc. petition filed under Section 16(3) of the Indian Telegraphs Act, 1885, read with Section 51 of the Indian Electricity Act, 1910, claiming compensation was allowed granting compensation of Rs.11,51,621/-. The respondent-land owner also filed W.P. No.38526 of 2014 challenging the same order seeking enhancement of compensation. Both the writ petitions were clubbed together and disposed off by the common order.
3. The respondent herein states that he is the owner of the land bearing R.S. No.2/3P5 situated at Pallavagere village, Chitradurga Taluk measuring 2 acres. The appellants-Karnataka Power Transmission Corporation Limited have drawn high tension electricity line over her land, due to which 450 arecanut trees and 450 banana plants were cut. The appellants-Karnataka Power Transmission Corporation Limited paid only meager amount as compensation towards the damage caused by them. The respondent not being satisfied with the compensation filed a petition before the learned District Judge, Chitradurga, claiming compensation. The learned District Judge taking into consideration aerial space as 24.55 guntas and market value of the land at Rs.90,000/- calculated compensation. The learned District Judge also determined diminution value at 50% and applied multiplier of 15 to arrive at the just compensation. The learned District Judge by his reasoned order, as stated above, awarded total compensation of Rs. Rs.11,51,621/- with interest at 6% p.a. Both the land owner as well as Karnataka Power Transmission Corporation Limited filed writ petitions challenging the order of the learned District Judge, dated 22.4.2013 in Misc. No.164 of 2009. The learned Single Judge on hearing both sides, has enhanced the compensation to Rs.14,06,250/-. While enhancing the compensation, the learned Single Judge has relied upon the order of this Court passed in W.P.No.39979 of 2013 on 6.8.2014. While the learned Single Judge reducing the diminution value of the land to 30%, applied multiplier of 10 for calculating the compensation. The appellants- Karnataka Power Transmission Corporation Limited being aggrieved by the application of 10 multiplier instead of 8, are before this Court in these appeals.
4. Heard the learned counsel for the appellants- Karnataka Power Transmission Corporation Limited and Learned counsel for the respondent-land owner.
5. The learned counsel for the appellants-Karnataka Power Transmission Corporation Limited submits that the appellants are in appeals only with regard to adopting the multiplier of 10 by the learned Single Judge and contends that the multiplier of 8 ought to have been adopted. The learned counsel submits that the application of the decision in case of SHAIK IMAMBI VS. SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION), TELEGU GANGA PROJECT REPORTED IN 2011(11) SCC 639 is not proper.
Thus, she prays for allowing the appeals.
6. Per contra, learned counsel for the respondent- land owner submits that the learned Single Judge has rightly applied the multiplier of 10 for determination of compensation and supports the order of the learned Single Judge.
7. The appellants have drawn high tension electricity line over the respondent’s land due to which the respondent has suffered the damages and in that connection, she has lost 450 arecanut trees and 450 banana plants. The banana trees were one year old and arecanut trees were aged 4 years. The appellants had produced Ex.P.19 to show the annual yield of banana trees and arecanut trees. The drawing of high tension line by the Karnataka Power Transmission Corporation Limited affected the land of the respondent to an extent of 24.55 guntas. The learned District Judge had applied the multiplier of 15 while determining the compensation. The learned Single Judge relying on the decision of this Court dated 6.8.2014 in W.P. No.39979 of 2013 and decision of the Hon’ble Supreme Court in the case of SHAIK IMAMBI VS. SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION), TELEGU GANGA PROJECT REPORTED IN 2011(11) SCC 639, held that the respondent - land owner would be entitled for multiplier of 10 for determination of compensation. Paragraphs 6 and 7 of the above decision of the Hon’ble Supreme Court read as follows:
“6. The learned counsel for the appellant contended that the multiplier should not be less than 14 adopted by the Land Acquisition Officer. We cannot accept the contention of the appellant. Having regard to the consistent view taken by this Court, we are of the view that the High Court was right in holding that the multiplier should be 10. This Court has repeatedly held that the standard multiplier should be 10; and that in special circumstances based upon specific evidence regarding the nature, standard, condition of the orchard, the Court may apply a higher multiplier of 12 or 13 or a lower multiplier of 8. But no such special circumstances are made out.
7. On the facts and circumstances, we are of the view that the finding of the High Court that the multiplier should be 10 does not call for interference.”
In the case on hand, the land owner has lost banana trees of 1 year old and arecanut trees of 4 years old. Taking note of the lifespan of the trees, adopting of 10 multiplier for determining compensation is proper and is in accordance with law.
8. The learned Single Judge has passed the reasoned order, relying on the decision of the Hon’ble Supreme Court, which needs no interference. The appellants have not made out any ground to interfere with the order passed by the learned Single Judge.
Accordingly, the writ appeals are dismissed.
Sd/- Sd/-
JUDGE JUDGE nv