Karnataka High Court
Thimmappa vs The Executive Engineer on 15 April, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:14785
WP No. 7291 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 7291 OF 2022 (GM-KEB)
BETWEEN:
THIMMAPPA
S/O LATE GUNDAPPA
AGED ABOUT 64 YEARS,
R/O KODIHALLI VILLAGE,
TALAKU HOBLI,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT.
(SENIOR CITIZEN BENEFITS NOT CLAIMED)
...PETITIONER
(BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE)
AND:
1. THE EXECUTIVE ENGINEER
LARGE WORK DIVISION KPTCL 66KV
NEAR KSRTC DEPOT ROAD,
CHITRADURGA - I
Digitally signed by B
K 2. ASSISTANT EXECUTIVE ENGINEER,
MAHENDRAKUMAR
Location: High Court BRUHATH KAMAGARI VIBHAGA,
of Karnataka
KPTCL 400 KV, CHITRADURGA - 577 501
...RESPONDENTS
(BY SRI. N.G. VIJAYAKUMAR, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
JUDGMENT AND AWARD PASSED BY THE ADDL. DISTRICT AND
SESSIONS JUDGE CHITRADURGA IN MISC.236/2011 DATED
09.10.2012 VIDE ANNEXURE-A AND HENCE THE COMPENSATION
TO RS.5,00,000/- ACRE WITH 12 PERCENT INTEREST PER ANNUM
AND ETC.,
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NC: 2024:KHC:14785
WP No. 7291 of 2022
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, THE COURT PASSED THE
FOLLOWING:
ORDER
The petitioner asserts that he is the owner of the land
bearing Sy.No. 148, measuring 3 acres and 16 guntas situated at
Kodihalli Village, Taluku Hobli, Challakere Taluk, Chitradurga
District and the respondents have drawn the transmission line and
installed towers on the subject land.
2. The petitioner not satisfied with the quantum of the
compensation awarded by the Deputy Commissioner has filed an
application under Section 16 (3) of the Indian Telegraph Act, 1985,
seeking enhanced compensation. The learned District Judge
granted compensation of Rs.8,293/- to the petitioners towards the
installation of the tower and drawing of the transmission line
(Corridor Area). The petitioner's contention is that the market value
of the land has been determined at Rs.35,000/- per acre without
any basis, and therefore the impugned order passed by the learned
Additional District and Sessions Judge is not sustainable.
3. Learned counsel for the respondent would submit that
only the transmission lines were drawn in the subject land, and
towers are not installed as contended by the petitioner. He further
NC: 2024:KHC:14785
submits that the petition filed after an inordinate delay of more than
11 years is not maintainable and the petition deserves to be
dismissed solely on this ground.
4. Considered the submissions made by the learned
counsel for the parties.
5. Admittedly, transmission lines were drawn on the
petitioner's land. The petitioner had not produced any evidence for
determining the market value of the subject land. The market value
has been determined without any basis, and the impugned order
passed by the learned Additional District and Sessions Judge is not
sustainable in law, since the petitioner is entitled for just and proper
compensation towards laying of transmission lines and installation
of towers.
6. Although, the impugned order was passed on
09.10.2012 the present petition was filed on 29.03.2022, and no
explanation is offered for the delay in filing the writ petition.
However, having regard to the fact that the petitioner is entitled for
just and proper compensation, the delay in filing the writ petition
requires to be condoned. Accordingly, I pass the following:
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ORDER
i) Petition is allowed and remanded.
ii) Impugned order dated 09.10.2012 passed by the
learned Additional District and Sessions Judge
Chitradurga in Misc.No.236 of 2011 is hereby
quashed, and the matter is remanded to the
learned Additional District and Sessions Judge for
re-determining the compensation in accordance
with law.
iii) It is made clear that the petitioner is not entitled
for any interest in the event of enhancement of
the compensation from 09.10.2012 to
29.03.2022.
iv) All contentions are kept open.
v) Petitioner is granted liberty to file additional
documents, if any.
Sd/-
JUDGE
SPV
