1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr. JUSTICE VINEET KOTHARI WRIT PETITION No.64610/2016 (GM-KEB) BETWEEN SMT. SHAMEEM BEE W/O LATE SHAFIULLA, AGED ABOUT 59 YEARS, R/AT NONAVINAKERE VILLAGE, TIPTUR TALUK, TUMKUR DISTRICT-572224 … PETITIONER (BY SRI. VISHWANATH H. M., ADVOCATE) AND 1. THE STATE OF KARNATAKA ENERGY DEPARTMENT, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001 REP. BY THE SECRETARY 2. THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) CONSTRUCTION SUB-DIVISION, KOTHITOPU ROAD, OLD ZILLA PANCHAYATH OFFICE, TUMAKURU-572101 3. SRI K. YADUKUMAR @ BABU S/O B.A.N.KRISHNAPPA, MAJOR, R/O ALBUR VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT-572224 … RESPONDENTS (BY SRI. A. M. SURESH REDDY, AGA. FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 01.10.2016 FOR PAYMENT OF COMPENSATION AMOUNT FOR INSTALLATION OF 110KV ELECTRIC TOWER LINE ON THE PETITIONER'S LAND BEARING SY.NO.78/BLOCK-2, MEASURING 1.08 ACRES, SITUATED AT ALBUR VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMKUR DISTRICT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Vishwanath H.M., Adv. for Petitioner Mr. A. M. Suresh Reddy, AGA for R-1.
1. Heard the learned counsel for the parties.
2. The prayer made in the present petition is that the representation for payment of the compensation for installation of 110 KV electric tower line in the land bearing Sy. No.78/Block-2 measuring 1.08 acres of Albur Village, Nonavinakere Hobli, Tiptur Taluk, Tumkur District, has not been considered by the Executive Engineer, Major Works Division of the Respondent-Karnataka Power Transmission Corporation Limited and compensation has wrongly been given to the Respondent No.3 – Sri. K. Yadukumar @ Babu to whom the Assistant Executive Engineer has already issued a notice vide Annexure-H on 20.06.2016 in this regard, as to why, the compensation paid to him may not be recovered back from him.
3. It appears that there is an issue regarding the correct identity of the owner of the said survey land and as to whom the compensation in question deserves to be paid.
4. In these circumstances, the petition is disposed of, by directing the Respondent-Executive Engineer, Major Works Division, KPTCL, Tumkur, to decide the representation of the petitioner, after providing an opportunity of hearing to both the concerned parties, namely, the petitioner and the Respondent No.3. A period of two months is allowed for the said purpose. Parties may appear in the first instance before the said Authority on 8.11.2017 at 11 am.
5. A copy of this order shall be sent to all the respondents including Respondent No.3 for information and needful compliance.
No order as to costs.
Sd/- JUDGE AN/- (Sl.No.16)