IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.8517 OF 2019 (GM-KEB) BETWEEN:
SRI.MOHAN BACHA S/O. LATE NARASING RAO BACHA AGED ABOUT 69 YEARS R/AT C/O ANIL MARUVADA NO.V R 15 PRUKSA SILVANA MILBEKAIPURA BANGALORE-560 049 (BY SRI.PRUTHVI WODEYAR, ADV.) AND:
1. CHIEF ENGINEER ELECTRICITY TRANSMISSION K.P.T.C.L.
ANAD RAO CIRCLE BANGALORE-560 009 2. MANAGING DIRECTOR K.P.T.C.L.
CAUVERY BHAVAN BANGALORE-560 009 … PETITIONER 3. THE EXECUTIVE ENGINEER ELECTRICAL MAJOR WORKS (S) DIVISION K.P.T.C.L.
ANAD RAO CIRCLE BANGALORE-560 009 4. THE SUPERINTENDING ENGINEER TRANSMISSION (WORKS) K.P.T.C.L.
ANAND RAO CIRCLE BANGALORE-560 009 (BY SRI.H.V.DEVARAJU, ADV.) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE COPY OF THE ENDORSEMENT DTD: 12.04.2018 PASSED BY THE R-1 VIDE ANNX-L AND DIRECT THE RESPONDENTS TO SHIFT EHT POWER LINE FROM THE SITE BEARING NO. 142 CARVED OUT IN SY.NO.199 HL234/1/99 SITUATED AT KODATHI VILLAGE, VARTUR HOBLI, BANGALORE SOUTH MEASURING 30 X 80 BOUNDED BY EAST BY SITE NO.141, WEST BY SITE NO.143, NORTH AND SOUTH BY PRIVATE PROPERTY TO ANY ADJACENT PROPERTY AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following relief:
i) Issue a writ in the nature of certiorari quashing the copy of the endorsement dated 12.4.2018 in No.CEE/TZB/SEE(O)/AEE-2/18-
19-599-602 passed by respondent No.1 vide Annexure-L.
ii) Issue a writ in the nature of mandamus directing the respondents to shift EHT power line from the site bearing No.142 carved out in Sy.No.199 HL 234/1/99 situated at Kodathi Village, Vartur Hobli, Bangalore South measuring 30’ x 80’ bounded by East by Site No.141, West by site No.143, North and South by Private property to any adjacent property.
iii) Issue a writ in the nature mandamus directing the respondents to pay compensation at the rate of Rs.6,000/- with 8% interest and solatium for the site bearing No.142 carved out in Sy.No.199 HL234/1/99 situated at Kodathi Village, Vartur Hobli, Bangalore South measuring 30’ x 80’ bounded by East by Site No.141, West by site No.143, North and South by private property.
2. Undisputed facts are that respondents have erected tower in the petitioner’s land under the scheme notified in the year 1996. Neither the respondents have shifted the tower nor compensation has been paid to the land owner. This is second round of litigation. Reasons mentioned in endorsement dated 12.4.2018 Annexure-L are very vague. Admittedly, respondents have erected tower in the petitioner’s land irrespective of what type of crop and other trees damaged or not? Ultimately, certain portions of the land has been occupied for the purpose of erection of tower by the respondents. Respondents had option either to shift the tower or to pay the compensation. On the other hand, unnecessary correspondence is being made between the petitioner and the respondent. That apart, this is second round of litigation.
3. Accordingly, Annexure-L dated 12.4.2018 is set aside on the score that such endorsement cannot be issued once the petitioner’s land has been utilized for the purpose of erection of tower under the Scheme 1996. The concerned respondent is hereby directed to pay the compensation in accordance with the policy decision of the respondent- Corporation along with interest @8% per annum. The same shall be calculated and disbursed by means of passing award to the petitioner within a period of eight weeks from the date of receipt of this order, failing which petitioner is entitled to litigation cost of Rs.25,000/-.
Writ petition stands allowed.
Sd/- JUDGE BS