1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.24822 OF 2015 (GM-KEB) Between:
Sri Manohar Lal S/o Sri Ram Lal Aged about 59 years Residing at No.E-139 Parishram Building S.M.Road, Kammagundanahalli Jalahalli West, Bangalore 560 015. …Petitioner (By:Mr.Chithappa, Advocate) And:
1. M/s.The Karnataka Power Transmission Corporation Limited, Anandarao Circle Bangalore 560 009.
Represented by its Chairman.
2. The Chief Engineer Karnataka Power Transmission Corporation Limited, Major Works No.66, K.W.Line to Sontekoppa Anandarao Circle, Bangalore 560009.
3. The Executive Engineer Karnataka Power Transmission Corporation Limited, Major Works North Division, Anandarao Circle Bangalore 560 009. …Respondents (By:Mr.Ashok N. Patil, Advocate for Ms.Padma S. Uttur, Advocate for R1 to R3) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the Respondents to comply with Rules and Regulations under Electricity Act and Works of Licensees Rules 2006 and the provision under Indian Telegraph Act, 1885, before laying High Tension Transmission Line by issue of notice to the petitioner, to hold enquiry and to determine the amount of compensation payable to the petitioner and etc.
This W.P. coming on for hearing this day, the Court made the following:-
ORDER Mr.Chithappa, Advocate for Petitioner.
Mr.Ashok N. Patil, Advocate for Ms.Padma S. Uttur, Advocate for R1 to R3 The delay of 188 days in filing the recalling application is condoned. The order dated 8.3.2017 is recalled, by which the Writ Petition was dismissed for default, as the translated copies had not been furnished. I.A.Nos.1/17 and 2/17 are accordingly allowed. The Writ Petition stands restored to file.
2. Heard the learned counsels for the parties.
3. The present petition was filed by the petitioner – landlord seeking compensation for the land of the petitioner used by the respondent – Karnataka Power Transmission Corporation Limited (KPTCL) for establishing a Power Transmission Tower on the land of the petitioner. The prayers made in the Writ Petition are quoted below for ready reference:-
“(i) Issue writ in the nature of mandamus directing the Respondents to comply with Rules and Regulations under Electricity Act and Works of Licensees Rules 2006 and the provision under Indian Telegraph Act, 1885, before laying high tension transmission line by issue of notice to the petitioner, to hold enquiry and to determine the amount of compensation payable to the petitioner.
ii) Issue writ in the nature of mandamus directing the Respondents to shift the high tension electricity poles from the land of the petitioner.
iii) Alternatively issue writ in the nature of mandamus directing the Respondent authorities to pay compensation for the entire land of 6 acres, the usage of which they have made unsuitable and impossible for cultivation at the market rate as mentioned in the guidelines issued by State Government as per the provisions of India Telegraph Act;
iv) Such other order or direction as this Hon’ble Court deems fit to pass in the facts and circumstances of the case in the interest of justice and equity.”
4. After hearing the learned counsels for the parties, this Court is of the opinion that it is a fit case to be taken by the petitioner before the Civil Court, by way of Civil Suit where the relevant facts about the user of the land and the loss caused to the petitioner by the acts of the respondents have to be established by the petitioner and quantifying his claim for the loss caused to him and it is for the Civil Court to determine such compensation in accordance with law and the Writ jurisdiction under Article 226 of the Constitution of India is not an appropriate remedy in such cases.
4. In view of the same, this Writ Petition is dismissed with the aforesaid liberty to the petitioner. No order as to costs.
VGR Sd/-
JUDGE