Karnataka High Court
The Executive Engineer (Electrical) vs Shanthakumari on 24 October, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:42886
WP No. 41901 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 41901 OF 2019 (GM-KEB)
BETWEEN:
1. THE EXECUTIVE ENGINEER (ELECTRICAL),
MAJOR WORKS DIVISION,
KARNATAKA POWER
TRANSMISSION CORPORATION LTD.,
KOTHI THOPU ROAD,
TUMKUR TOWN & DISTRICT.
2. THE ASSISTANT EXECUTIVE ENGINEER
(ELECTRICAL),
NO.4, MAJOR WORKS DIVISION-IV,
KARNATAKA POWER
TRANSMISSION CORPORATION LTD.,
KOTHI THOPU ROAD,
TUMKURU TOWN & DISTRICT.
...PETITIONERS
(BY SMT. SHUBHA.S., ADVOCATE)
Digitally signed by
THEJASKUMAR N AND:
Location: High
Court of Karnataka 1. SHANTHAKUMARI
D/O. LATE GANGARAMAIAH,
AGED ABOUT 50 YEARS,
2. SMT. PADMA
D/O. LATE GANGARAMAIAH,
AGED ABOUT 50 YEARS,
3. LALITHA
D/O. LATE GANGARAMAIAH,
AGED ABOUT 45 YEARS,
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WP No. 41901 of 2019
4. SRI. VENKATESHMURTHY
S/O. LATE GANGARAMAIAH,
AGED ABOUT 38 YEARS,
5. MADHUSUDHAN
S/O. LATE GANGARAMAIAH,
AGED ABOUT 36 YEARS,
6. MANJUNATH
S/O. LATE GANGARAMAIAH,
AGED ABOUT 34 YEARS,
ALL ARE RESIDING AT BYALAPANNA MATTA,
KASABA HOBLI,
C.N.HALLI TALUK,
TUMKUR-572 214.
...RESPONDENTS
(BY SRI. HARISH., ADVOCATE FOR
SRI. PATEL.D.KAREGOWDA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Smt.Subha.S., counsel for the petitioners and Sri.Harish.,
counsel on behalf of Sri.Patel D.Karegowda., for the
respondents have appeared in person.
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2. For the sake of convenience, the parties are
referred to as per their rankings before the Trial Court.
3. The petitioners filed a petition in Civil
Misc.No.10019/2015 before the V Addl. District and Sessions
Judge, Tiptur, and sought for enhanced compensation.
It is stated that the petitioners are the owners of the land
bearing Survey No.400 measuring 01 Acre 37 Guntas situated
at Muddenahalli Village, Kasaba Hobli, C.N.Halli Taluk. The
KPTCL has drawn high tension electric line over the petitioners'
land. It is said that they have cut and removed crops like
Coconut Trees, Neem Trees, Teak Trees and Kaggali Trees.
It is stated that the compensation paid is very meager
and the Authority has not adopted capitalization method and
adopted an unscientific method and the compensation paid is
not in accordance with the market rate of the relevant year.
It is also stated that since there is a drawing up of
Electric Transmission Line over the land, there is diminution of
value of the land and hence, they prayed for enhancement of
compensation.
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After the issuance of the notice, the KPTCL filed
statement of objections. They admitted that they have drawn
220/110 K.V Electric Transmission Line through the petitioners'
land. The compensation awarded by the Authority is based on
the report of the Senior Assistant Director of Horticulture.
Hence, the compensation paid is just and proper. Accordingly,
they prayed for the dismissal of the petition.
The sixth petitioner got examined himself as PW1 and
produced eleven documents which were marked as Exs.P.1 to
P11. One Sri.Hanumantharayappa., was examined as RW1 and
produced Valuation Report marked as Ex.R.1.
On the trial of the action, the Trial Court vide Order dated
01.01.2019 awarded compensation of Rs.10,03,303/- (Rupees
Ten Lakh Three Thousand Three Hundred and Three only) with
interest at the rate of 8% per annum from the date of filing of
petition till the date of recovery. It is this order that is called
into question in this Writ Petition on several grounds as set-out
in the Memorandum of Writ Petition.
4. Smt.Shuba.S., counsel for the petitioner submits
that the Trial Court has erred in not appreciating the fact that
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the KPTCL has paid the compensation based on the report of
the Senior Assistant Director of Horticulture Department. He
has assessed the compensation to be paid on the formula and
guidance issued by the Government of Karnataka from time to
time. The compensation paid was just and proper. Hence,
interfering with the same by further enhancing the
compensation has resulted in causing great prejudice to the
interest and right of the Authority.
Next, she submitted that the aspect regarding cost of
cultivation has not been properly considered by the Trial Court.
It is further submitted that this Court in various
judgments held that the cost of cultivation should be calculated
at 30%. Hence, the same needs interference.
Lastly, she submitted that learned Trial Judge erred in not
taking into consideration the vital and key facts that the
Authority has already paid the compensation and the petitioner
has received the same without any protest nor has they filed
any objections before the Horticulture Department regarding
assessment of valuation of the trees. Hence, a grave error has
committed by enhancing the compensation and the award of
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8% interest is totally unsustainable in law. Accordingly, she
submitted that award of compensation requires modification
and therefore, submitted that the Writ Petition may be allowed.
Sri.Harish., counsel for the respondents justified the
order of the Trial Court. He vehemently submitted that the Trial
Judge has extenso referred to the material on record and
awarded compensation. Hence, the order does not require any
interference. Counsel therefore, submits that the Writ Petition
may be dismissed.
5. Heard the arguments and perused the Writ papers
with care.
6. The short question that arises for consideration is
whether the compensation awarded by the Trial Court requires
modification?
7. Counsel Smt.Shubha.S., in presenting her
arguments drew the attention of the Court to the decision
reported in THE EXECUTIVE ENGINEER, KPTCL,
CHITRADURGA AND ANOTHER V. DODDAKKA - ILR 2015
KAR 677.
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I have carefully perused the order passed by the Trial
Court. The award of amount in respect of Coconut Trees, Teak
Trees and Neem Trees requires modification. In view of
DODDAKKA's case, the cost of cultivation should be deducted
at 30%. Hence in my opinion, the award of compensation
requires modification.
If we deduct 30% of cost of cultivation, the calculation
will be as under:
CALCULATION OF COCONUT TREES:
SL.NO. NO. OF TREES YIELD PRICE (Rs.)
1. 18 150 10/-
• 150 X 10 X 10 = 15,000/-
• 30% Cost of Cultivation = 15,000 X 30/100= 4,500/-
• 15,000 - 4,500 = Rs.10,500/- per tree
• 10,500 X 18 = Rs.1,89,000/- (for 18 Coconut Trees).
CALCULATION OF NEEM TREES:
The Trial court has awarded Rs.15,000/- per tree. The
same has to modified as Rs.13,000/- per tree. There are 38
Neem Trees.
Rs.13,000 X 38 = Rs.4,94,000/-.
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CALCULATION OF TEAK TREES:
The Trial court has awarded Rs.30,000/- per tree. The
same has to modified as Rs.25,000/- per tree. There are 10
Teak Trees.
Rs.25,000 X 10 = Rs.2,50,000/-.
The compensation awarded as far as Kaggali Trees
remains unaltered.
Hence, the re-assessed compensation is as under:
1. 18 Coconut Trees Rs.1,89,000/-
2. 38 Neem Trees Rs.4,94,000/-
3. 10 Teak Trees Rs.2,50,000/-
4. Kaggali Trees Rs. 8,000/-
Total Compensation Rs.9,41,000/-
8. Taking into consideration the above calculation, the
claimants are entitled for total compensation of Rs.9,41,000/-
(Rupees Nine Lakh Forty One Thousand only).
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Counsel Smt.Shubha.S., submits that the Authority has
already paid a sum of Rs.1,64,497/- (Rupees One Lakh Sixty
Four Thousand Four Hundred and Ninety Seven only) while
drawing up of the line. Therefore, an amount of Rs.7,76,503/-
(Rupees Seven Lakh Seventy Six Thousand Five Hundred and
Three only) is to be paid to the claimants with interest at the
rate of 8% from the date petition till realization.
9. In the result, the Writ Petition is allowed. The
Order dated 01.01.2019 passed by the Court of V Addl. District
and Sessions Judge, Tiptur in Civil Misc.No.10019/2015 is
modified. The claimants are entitled for balance compensation
of Rs.7,76,503/- (Rupees Seven Lakh Seventy Six Thousand
Five Hundred and Three only) with interest at the rate of 8%
from the date petition till realization.
It is needless to observe that the KPTCL Authority shall
deposit the balance amount within six weeks from the date of
receipt of the certified copy of this order.
10. Lastly, counsel Smt.Shubha.S., submits that
pursuant to the interim order, 50% of the award amount has
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already been deposited before the Trial Court. Hence, an
appropriate order may be passed.
Submission is noted. The Trial Court is directed to look
into the deposit made by the Authority and calculate the same
and pay the balance amount to the Claimants. If there is any
excess amount, the same shall be refunded to the Authorities.
Sd/-
(JYOTI MULIMANI)
JUDGE
TKN
