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.6910-6911/2018 (GM-KEB) BETWEEN:
1. THE EXECUTIVE ENGINEER MAJOR, WORKS DIVISION KPTCL, KOTITHOPU ROAD OLD ZILLA PANCHYATH OFFICE TUMKUR-572 101.
2. THE ASSISTANT EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL KOTITHOPU ROAD OLD ZILLA PANCHYATH OFFICE TUMKUR-572 101.
... PETITIONERS (BY SRI A. CHANDRA CHUD, ADVOCATE) AND 1. SMT. PATHIMABI W/O LATE BABUSAB AGED ABOUT 66 YEARS 2. SRI SUBANASAB S/O LATE BABUSAB AGED ABOUT 44 YEARS 3. SRI JAFAR S/O LATE BABUSAB AGED ABOUT 39 YEARS ALL ARE RESIDING KUNIKERE VILLAGE BEERANAHALLI POST HIRIYUR TALUK CHITHRADURGA-577 501.
... RESPONDENTS (SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE CONNECTED RECORDS RELATING TO ANNEXURE-A, DATED:07.02.2017 PASSED IN CIVIL MISC.NO.262/2015 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA & ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioners have challenged the judgment and award dated 07.02.2017 passed in Civil Misc. No.262/2015 on the file of the I Additional District and Sessions Judge, Chitradurga.
2. The respondents herein had filed the Civil Misc.262/2015 before the learned District Judge claiming compensation under Section 16(3) of the Indian Telegraph Act, 1885. It was contended that they are owners of the lands in Survey No.176/2 of Kunkere Village, Hiriyur Taluk, Chitradurga District and the KPTCL has drawn high-tension electric lines over the lands of the claimants, resulting in cutting and removing of the trees causing diminision of value of the land. The trial Court after recording the evidence and hearing the parties, has awarded total compensation of Rs.2,74,008/- in addition to compensation to Rs.1,13,948/- determined by the KPTCL. Being aggrieved, the petitioners are before this Court.
3. Learned counsel for the petitioners would submit that the costs of cultivation determined by the learned District Judge at 50% is on the higher side and the same is not in conformity with the order of this Court in the case of Executive Engineer, KPTCL Vs. Doddakka reported in ILR 2015 Kar 677. It is submitted that the compensation determined towards the damages caused to the trees is arbitrary and excessive.
4. Though the respondents are served, there is no representation.
5. Having regard to the facts and circumstances of the case, this Court is of the considered view that the compensation determined by the learned District Judge requires to be re-considered in the light of the Cognate Bench decision of this Court in the case of D.K.Thimmanna Vs. Executive Engineer passed in W.P.No.40344/12 c/w W.P.No.40343/12 (D.D.31.7.2017) and Doddakka, supra. Hence, the judgment and award impugned dt:07.02.2017 at Annexure-A is set aside and the proceedings are restored to the file of the I Additional District and Sessions Judge, Chitradurga to re-consider the matter in accordance with law keeping in mind the judgments referred to above. All the rights and contentions of the parties are left open and the parties are at liberty to lead additional evidence, if any. The trial Court shall make an endeavor to dispose of the matter in an expedite manner.
The writ petitions stand disposed of in terms of the above.
Sd/- JUDGE Sbs*