IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.56829/2016 (GM – KEB) BETWEEN:
SRI P.V.VENKATESH S/O SRI P.C. VENKATANNA AGED ABOUT 44 YEARS R/AT PALAVALLI NAGALAMADIKE HOBLI, PAVAGADA TALUK TUMKUR DISTRICT-572136 …PETITIONER (BY SRI H.R.ANANTHAKRISHNAMURTHY, ADV.) AND:
1. THE KARNATAKA POWER TRANSMISSION COMPANY LIMITED MAJOR WORKS DIVISION TUMKUR-52136 REP BY ITS CHIEF ENGINEER 2. THE ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION MADHUGIRI TUMKUR DISTRICT-572136 3. M/s SUN EDISON SEI BHEEM PRIVATE LIMITED MENON ETERNITY, 10TH FLOOR, NEW No.165, OLD No.110, St. MARYS ROAD, ALWARPET CHENNAI - 600018 REP BY MANAGING DIRECTOR 4. M/s REFEX ENERGY LIMITED No.67, BAZULLAH ROAD, T.NAGAR, CHENNAI – 600017 REP BY MANAGING DIRECTOR …RESPONDENTS (BY SRI VARUN GOWDA, ADV. FOR R-1; SMT.M.JYOTHI, AGA FOR R-2 SRI K.S.PONNAPPA, ADV. FOR SMT.SANJANA RAO, ADV. FOR R-3; R-4 SERVED UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO REMOVE THE TRANSMISSION TOWERS AND THE CORRIDOR ON THE PETITIONER'S LAND.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for the following reliefs:
“i] Issue a writ of mandamus or any other writ or order, directing the respondent Nos.2 and 3 to remove the transmission towers and the corridor on the petitioner’s land;
OR IN THE ALTERNATIVE Pay compensation to the petitioner in a sum of Rs.1.50 crores.”
2. The petitioner is claiming to be the absolute owner of 13 acres of land in Sy.No.417/5 of Palavalli, Nagalamadike Hobli, Pavagada Taluk, Tumkur District. It is submitted that the land is located in the highway of Bellary Road viz., Bellary to Kalyandurga and other places. The respondent No.3 has obtained the certificate of registration under Section [2] of Section 7 of the Contract Labour [Regulation and Abolition] Act, 1970 who in turn entered into a sub-contract with the respondent No.4 for drawing the transmission lines pursuant to the contract entered into between KPTCL and the respondent No.3 for drawing the high tension wire and erecting the power grids.
3. It is the grievance of the petitioner that the land of the petitioner measuring about 3.5 acres has rendered useless for cultivation in view of the installation of towers and corridor in his land. It is submitted that the petitioner’s land has become mini substation but no adequate compensation has been awarded for drawing the transmission tower and corridors in the lands of the petitioner. Hence, this writ petition.
4. It is well settled law that the petitioner has to approach the District Judge under Section 16 of the Indian Telegraph Act, 1885 if aggrieved by the determination of any compensation or such dispute is necessarily to be adjudicated by a District Judge under Sub-sections [3], [4] and [5] of Section 16 of the Act. No such compensation can be determined under Articles 226 and 227 of the Constitution of India.
5. Hence, in view of the aforesaid, writ petition stands disposed of with liberty to the petitioner to approach the appropriate Forum for redressal of his grievance in accordance with law. If such proceedings are initiated by the petitioner before the appropriate Forum, the same shall be considered in accordance with law on merits without objecting to the period of limitation, if any and appropriate decision shall be taken in an expedite manner.
Sd/- JUDGE NC.