IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION Nos.30407-30408 OF 2015(GM-KEB) Between:
1. Karnataka Power Transmission Company Limited (KPTCL) By the Executive Engineer Major Works Department KPTCL, Kothip Road Tumkur Town Tumkur District – 540 032.
2. Assistant Executive Engineer Major Works Department KPTCL, Kothipu Road, Tumkur Town Tumkur District – 540 032 (By Sri.Ajith Anand Shetty, Advocate) And:
Sri. J.K.Maheshwaraiah, S/o Kambegowda Aged about 58 years, Thobrehally village Shettykere Hobli, Chikkanayakanahally Taluk-540 032 (By Sri. M.B.Chandrachooda, Advocate) …Petitioners ...Respondent These Writ Petitions are filed under Articles 226 and 227 of Constitution of India, praying to quash the impugned judgment and award dated 24.03.2015 passed by the Hon’ble V Additional District and Sessions Judge, Tiptur in Cvl.Misc.10057/2014, produced herewith and marked as vide Annexure-A to the writ petition.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER In the instant petition, petitioner has questioned the validity of the award dated 24.03.2015, on the file of V Additional District and Sessions Judge, Tiptur.
2. The brief facts of the case is, respondent- Sri. R. Ramakrishnaiah’s property has been utilized by the petitioners for laying a high tension wire. Consequently, respondent is entitled for compensation. Petitioner-Authority has awarded a compensation of a sum of `1,58,231/-(Rupees One Lakh Fifty Eight Thousand Two Hundred and Thirty One Only). Aggrieved by such fixation of compensation, respondent preferred Civil Miscellaneous No.10057/2014 and it was decided on 24.03.2015 on the file of V Additional District and Sessions Judge, Tiptur. Petitioner is aggrieved by the enhancement of the compensation awarded in favour of the respondent presented this writ petition. Award of compensation by the Authority a sum of `1,58,231/- (Rupees One Lakh Fifty Eight Thousand Two Hundred and Thirty One Only) is based on the final report of a Department of Horticulture. For the purpose of enhancement of compensation, the Court below has not marked the Ex-R1 as evidence, from the list of documents exhibited on behalf of respondents has been shown as nil. There is no discussion so also author of exhibited R1 has not been examined or cross examined, so as to take different view in respect of award of enhanced compensation.
3. That apart, there is no appropriate material to determine enhancement of compensation in favour of the respondent `1,58,231/-(Rupees One Lakh Fifty Eight Thousand Two Hundred and Thirty One Only) to `1,01,694/- (Rupees One Lakh One Thousand Six Hundred and Ninety Four Only).
4. Accordingly, award dated 24.03.2015 Annexure-A is set aside. Matter is remanded to the Court below for afresh consideration. Both the parties are permitted to lead additional evidence in support of their respective claim. Parties are hereby directed to appear before the Court below. The V Additional District and Sessions Judge, Tiptur is directed to make necessary endeavor to dispose of Civil Miscellaneous No.10057 of 2014, within a period of eight weeks from the date of receipt of this order.
Sd/- JUDGE ag