IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.42045/2018 (GM – KEB) BETWEEN:
1 . SUPERINTENDENT ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LTD., KOTHI THOPU ROAD, TUMAKURU TALUK & DISTRICT 2 . THE EXECUTIVE ENGINEER (ELECTRICAL) MAJOR WORKS DEPARTMENT, KARNATAKA POWER TRANSMISSION CORPORATION LTD., KOTHI THOPU ROAD, TUMKUR TALUK & DISTRICT.
3 . ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) NO.2, MAJOR WORKS DEPARTMENT, KARNATAKA POWER TRANSMISSION CORPORATION LTD., TUMKUR TOWN.
AND:
SMT.KALAMMA W/O BASAVAIAH, [BY SMT.SHUBHA S., ADV.] ... PETITIONERS AGED ABOUT 50 YEARS, R/AT KONANAKALU, CHELLUR HOBLI, GUBBI TALUK, TUMKUR-572216 …RESPONDENT [RESPONDENT SERVED BUT UNREPRESENTED.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.01.2016 IN MIS.NO.197/2013 PASSED BY THE I ADDITIONAL DISTRICT & SESSIONS JUDGE, TUMKUR VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Karnataka Power Transmission Corporation Limited is before this Court challenging the judgment and award passed by the I Additional District & Sessions Judge, Tumakuru in Misc.No.197/2013 dated 30.01.2016 whereby total compensation of Rs.2,66,000/- with interest @ 8% p.a. from the date of petition till realization has been awarded for the utilization of the lands by the KPTCL in drawing high tension circuit electricity lines.
2. The respondent-claimant is the owner of land bearing Sy.No.14 of Konanakallu village, Chelur Hobli, Gubbi Taluk, Tumakuru District. On utilization of the said land for drawing high tension circuit electricity line, the KPTCL has paid an amount of Rs.66,785/- towards compensation for causing damages due to the cutting of trees.
3. Being aggrieved, the claimant had preferred Misc.No.197/2013 before the I Addl. District & Sessions Judge, Tumakuru. The learned District Judge has enhanced the compensation to Rs.2,66,000/- with interest @ 8% p.a. from the date of petition till payment. Being aggrieved, KPTCL is before this Court mainly on the ground that the cost of cultivation determined by the learned District Judge is on the higher side. Reliance is placed on the judgment of this Court in the case of the Executive Engineer, KPTCL Vs. Doddakka reported in ILR 2015 Kar 677.
4. Learned counsel for the KPTCL would submit that the cost of cultivation determined has to be reduced to 30% in conformity with the order of this Court in Doddakka’s case.
5. Having heard the learned counsel for the petitioners and perusing the material on record, it is pertinent to note that no reasons have been recorded by the learned District Judge to determine the cost of cultivation of mango tree at Rs.100/-. Similarly it would be appropriate for the learned District Judge to award compensation considering the parameters set down by this court in D.K.Thimmanna’s case, supra.
6. In the circumstances, this Court deems it appropriate to remand the matter to the learned District Judge to re-consider the matter in the light of the orders of this Court in Doddakka and Thimmanna’s case referred to above. All the rights and contentions of the parties are left open. Parties are at liberty to lead additional evidence, if any. The learned District Judge shall consider the matter afresh and take a decision in the light of the observations made hereinabove, in accordance with law in an expedite manner.
Writ petition stands disposed of accordingly.
Sd/- JUDGE PMR