- 1 - NC: 2025:KHC:5676 WP No. 8902 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 8902 OF 2023 (GM-KEB) BETWEEN: ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), NO.5, SUB-DIVISION, MAJOR WORKS DIVISION, K.P.T.C.L. KOTITOPU, TUMAKUR DISTRICT. …PETITIONER (BY SMT. SHUBHA.S., ADVOCATE) AND: DYAVARAIAH S/O BASAVAIAH, AGED ABOUT 75 YEARS, DINDAGADAHALLI, GOLLARAHATTI, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 101. …RESPONDENT (BY SRI. SHIVAKUMAR.D.K., 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 FURTHER HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Shubha.S., counsel for the petitioner and Sri.Shivakumar.D.K., counsel for the respondent have appeared in person. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5676 WP No. 8902 of 2023 2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court. 3. The petitioner filed a petition in Civil Misc.No.267/2020 before the VII Addl. District Judge, Tumakuru, and sought for enhanced compensation. It is stated that the petitioner is the owner of the land bearing Sy.No.10/P4 measuring 38.08 guntas situated at Seegehalli Village, Nittur Hobli, Gubbi Taluk, Tumakuru District. The KPTCL has drawn 220 KV and 100 KV electricity transmission line, that passes over the petitioner's land. 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 diminishing of value of the land and hence, he prayed for enhancement of compensation. - 3 - NC: 2025:KHC:5676 WP No. 8902 of 2023 After the issuance of the notice, the KPTCL filed statement of objections. They admitted that they have drawn the electric transmission lines that passes through the petitioners' land. The compensation awarded by the Authority is based on the report of the Horticulture Department. Hence, the compensation paid is just and proper. Accordingly, they prayed for the dismissal of the petition. The petitioner examined as PW1 and produced eighteen documents which were marked as Exs.P.1 to P18. One Sri.T.R.Latha was examined as RW1 and produced four documents which were marked as Exs.R.1 to R.4. On the trial of the action, the Trial Court vide Order dated 16.11.2022 awarded enhanced compensation of Rs.6,29,475/- about diminution of land value, Rs.1,33,900/- towards cutting of 13 coconut trees, Rs.84,000/- towards cutting of 42 coconut saplings, Rs.30,000/- towards cutting of 6 neem trees and Rs.10,000/- towards cutting of 3 Akeshia tree, one Tared tree and one Devadaru tree with interest at the rate of 8% per annum from the date of petition till payment. It is this order - 4 - NC: 2025:KHC:5676 WP No. 8902 of 2023 that is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 4. Counsel for the respective parties have urged several contentions. Heard the arguments and perused the Writ papers with care. 5. The short question that arise for consideration is whether the compensation awarded by the Trial Court requires modification? 6. The facts are sufficiently stated and they do not require reiteration. Counsel Smt.Shubha.S., on instructions submits that the petitioners are not challenging the portion of the order as regards payment towards cutting of trees is concerned. The oral submission made by counsel for the petitioners is placed on record. 7. As far as the payment of compensation towards diminishing value of the land is concerned, the Deputy Commissioner conducted a meeting with the land owners and with their consent, fixed the value of the land at Rs.2,00,000/- - 5 - NC: 2025:KHC:5676 WP No. 8902 of 2023 per acre. However, the Trial Court erroneously placed reliance on the agreement for sale in respect of some other land and concluded that the value of the land was Rs.3,82,000/- for 7 guntas of land. The Trial Court has erred in placing reliance on the agreement for sale. Admittedly, the KPTCL had used only 38.5 guntas of land and accordingly paid a sum of Rs.1,91,716/- taking into consideration the amount as Rs.5,000/- per gunta. The payment made by the KPTCL towards the diminishing value of the land is just and proper. Hence, the award of amount of Rs.6,29,475/- towards diminishing value of the land by the Trial Court cannot be sustained. 8. In the result, the Writ Petition is allowed in part. The Order dated 16.11.2022 passed by the Court of VII Addl. District and Sessions Judge, Tumakuru in Civil Misc.No.267/2020 is modified. The claimant is entitled to a sum of Rs.1,91,716/- for diminishing value of land with interest at the rate of 8% from the date petition till realization. - 6 - NC: 2025:KHC:5676 WP No. 8902 of 2023 Counsel for the petitioners further submits that the amount of Rs.1,91,716/- towards diminishing value of the land has already been paid to the respondent. The submission made by counsel for the petitioners is placed on record. 9. Lastly, counsel Smt.Shubha.S., submits that pursuant to the interim order, 50% of the enhanced amount has 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 taking into consideration of the amount already paid and pay the balance amount if any to the Claimant. If there is any excess amount, the same shall be refunded to the Authorities. SD/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 33