- 1 - NC: 2025:KHC:1806 WP No. 25274 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 25274 OF 2016 (GM-KEB) BETWEEN: 1. THE EXECUTIVE ENGINEER, KPTCL, KPTCL, 3RD CROSS, JCR EXTENSION, CHITRADURGA - 577501. 2. ASSISTANT EXECUTIVE ENGINEER, MAJOR WORKS SUB DIVISION, KPTCL, 3RD CROSS, JCR EXTENSION, CHITRADURGA - 577501. …PETITIONERS (BY SRI SHIRISH KRISHNA, ADV. FOR SRI JOSEPH ANTHONY, ADVOCATE) AND: H.R.GOPINATH, S/O RAGHAVENDRA RAO, AGED ABOUT 70 YEARS, R/O RAMAGIRI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577502. …RESPONDENT (BY SRI R SHASHIDHARA, ADV. FOR RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.26.6.2015 PASSED IN CIVIL MISC.83 OF 2013 [ANNEX-C] OF THE LEARNED ADDITIONAL DISTRICT & SESSIONS JUDGE, CHITRADURGA. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1806 WP No. 25274 of 2016 THIS PETITION COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed challenging the order dated 26.06.2015 in Civil Miscellaneous No.83/2013 on the file of Additional District Judge, Chitradurga. In terms of the impugned order, learned District Judge has allowed the petition in part and awarded compensation of Rs.8,62,297/- with interest at the rate of 6% p.a. 2. Petitioners are before this Court assailing said order on the premise that compensation awarded is on higher side. 3. Certain facts are not in dispute. The respondent owned property bearing Sy.No.161/2 measuring 12 acres 27 guntas at Batrahalli Village, Kasaba Hobli, Malakalmuru Taluk, Chitradurga District. 4. Petitioners laid High Tension Electricity Wire over the land of the respondent. The petitioners determined compensation at Rs.1,15,638/-. Aggrieved by said compensation, respondent - 3 - NC: 2025:KHC:1806 WP No. 25274 of 2016 raised a dispute before the District Judge. Parties led evidence before the District Judge in support of their respective contentions. The Trial Court on appreciation of evidence has determined the compensation as aforesaid. 5. Learned counsel appearing for petitioners would contend that compensation awarded is on higher side and compensation determined by petitioners is just compensation payable in respect of High Tension Wire laid over the land of the respondent. 6. Learned counsel appearing for respondent would contend that compensation initially awarded by petitioners was on the lower side and after appreciating evidence led before the Trial Court, Trial Court has awarded just compensation of Rs.8,62,297/- and thus he would urge, that the petition be dismissed. 7. This Court has considered the contentions raised at the Bar and perused the records. The following point arises for consideration :- - 4 - NC: 2025:KHC:1806 WP No. 25274 of 2016 "Whether the petitioners have established that the compensation of Rs.8,62,297/- awarded by Trial Court is on higher side?" 8. The Trial Court has awarded compensation by taking into consideration the diminution of value as well as the nature of crop grown on the land of the respondent, over which High Tension Wire was laid. It is not in dispute that there were 45 mango trees in the land of the respondent, and 38 sweet lime trees were grown. It is also noticed that there were 26 banana plants and later they were removed on account of High Tension Wire being laid over the land of the respondent. . 9. The Trial Court has referred to the judgment of this Court in W.P.No.52775/2013 to determine the compensation in respect of 45 Mango Trees and the judgment of this Court in W.P.No.51886/2013 to determine the valuation for 38 sweet lime trees and judgment in W.P.No.36926/2013 to determine the valuation for 26 banana plants. 10. After considering the aforementioned judgment and the calculation made at paragraph No.22, this Court does not find any reason to interfere with the impugned order. - 5 - NC: 2025:KHC:1806 WP No. 25274 of 2016 Accordingly the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE NG List No.: 1 Sl No.: 34 CT: VN