IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.29878/2017 (GM – KEB) BETWEEN :
THIMMANNA S/O ERADIMMAPPA @ ERODIMMAJJA AGED ABOUT 63 YEARS, AGRICULTURIST, R/AT KUNIKERE VILLAGE, BERANAHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT-577129 ...PETITIONER (BY SRI M.T.JAGAN MOHAN, ADV.) AND :
1 . THE EXECUTIVE ENGINEER K.P.T.C.L. BRUHATH KAMAGARI DIVISION, KOTHITOPU ROAD, OLD Z.P. OFFICE, TUMKUR-572101.
2 . ASSISTANT EXECUTIVE ENGINEER K.P.T.C.L. BRUHAT KAMAGARI DIVISION, KOTHITOPU ROAD, OLD Z.P. OFFICE, TUMKUR-572101. …RESPONDENTS (BY SRI H.V.DEVARAJU, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS BY AWARDING THE IMPUGNED JUDGMENT AND AWARD DATED 07.04.2017 IN CIVIL MISC.NO.212/2015 PASSED BY THE SPECIAL II ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND MODIFY THE SAME VIDE ANNEXURE-B.
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 challenged the judgment and award passed by the Special 2nd Addl. District & Sessions Judge, Chitradurga in Civil Misc. No.212/2015 dated 7.4.2017.
2. The petitioner is claiming to be the owner of the agricultural land bearing Sy.No.No.17/1 of Kunivikere village, Hiriyur Taluk in Chitradurga District to an extent of 6 acres 28 guntas. The respondents have drawn 220 KV power line high tension wire and installed towers in 2 acres 27.33 guntas of land of the petitioner in question. It is the contention of the petitioner that the respondent-authorities had destroyed the crops and cut 90 palm grove trees, 15 coconut trees, 980 areca nut trees, 11 jam trees, 3 teak wood trees and 3 neem trees and paid meager compensation of Rs.34,01,170/- towards damages. The petitioner is aggrieved by the compensation of Rs.34,01,170/- determined by the respondent-authorities in respect of destruction/damage of horticultural crops.
3. Learned counsel for the petitioner would point out that the value of the areca nut trees is determined at Rs.3,939.45 per tree relating to the trees aged about six years, whereas Rs.442.42 is fixed for the trees aged about four years, which is ex-facie inconsistent and cannot be appreciated. Similarly, it is contended that the value of the neem trees aged about ten years is fixed at Rs.780/- per tree and the same requires to be enhanced substantially.
4. Learned counsel for the respondent-authorities is not in a position to justify the value of the trees fixed since the inconsistency in determination of the value is glaring on the face of the record.
5. Learned District Judge though has awarded compensation towards diminution of land value at Rs.2,21,000/-, has not enhanced the compensation determined for the damages of the destruction of the trees. The value of the trees requires to be re-determined considering the material evidence placed on record. Hence, the matter requires re-consideration by the learned District Judge.
Accordingly, the writ petition is disposed of remanding the matter to the learned Special 2nd Addl. District & Sessions Judge, Chitradurga, as far as the enhancement claimed by the petitioner regarding the value of compensation towards damages/destruction of the trees in the land of the petitioner. The compensation determined inasmuch as the diminution of value of the land remains intact. The learned District Judge shall re-examine and decide the matter in an expedite manner considering the material evidence on record. The parties are at liberty to lead additional evidence, if any.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE Dvr: