- 1 - NC: 2025:KHC:815 WP No. 5529 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 5529 OF 2021 (GM-KEB) BETWEEN: 1. THE EXECUTIVE ENGINEER, MAJOR, WORKS DIVISION KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KOTHITHOPU ROAD, TUMAKURU TOWN, TUMAKURU DISTRICT. 2. THE ASSISTANT EXECUTIVE ENGINEER, MAJOR, WORKS DIVISION - IV, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED KOTHITHOPU ROAD, TUMAKURU TOWN, TUMAKURU DISTRICT. …PETITIONERS (BY SRI SHIRISH KRISHNA, ADVOCATE) AND: 1. REVANNA, S/O KEMPAIAH, AGED ABOUT 50 YEARS RESIDING AT ASHEIHALL VILLAGE, KANDIKERE HOBLI, C N HALLI TALUK, TUMAKURU DISTRICT. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.23.7.2019 PASSED IN CIVIL MISCELLANEOUS PETITION NO.10002/2016 (BY HON'BLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE TIPTUR PASSED BY HON'BLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE TUMAKURU PRODUCED AT ANNEXURE-A. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:815 WP No. 5529 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed impugning the order passed in Civil Miscellaneous No.10002/2016. In terms of the impugned order dated 23.07.2019, V Additional District and Sessions Judge, Tiptur, has allowed the petition in part and awarded compensation of Rs.3,10,841/- in favour of the present respondent along with interest at the rate of 8% per annum from the date of petition till the date of recovery of the said amount. 2. The petitioners are before this Court challenging the said order. As can be seen from the impugned order at paragraph No.17, compensation of Rs.3,35,000/- is awarded under the following heads :- 1. 16 coconut trees : Rs.2,00,000/- 2. 14 Neem trees : Rs. 63,000/- 3. 16 Honge trees : Rs. 72,000/- --------------------------- Rs.3,35,000/- ---------------------------- - 3 - NC: 2025:KHC:815 WP No. 5529 of 2021 3. Learned counsel appearing for the petitioner would contend that while awarding Rs.2,00,000/- as compensation for 16 coconut trees, the Court has not taken into consideration the cost of cultivation. The learned counsel for the petitioners would submit that the Division Bench of this Court in W.A.No.100366/2022 and connected matters has held that 30% is the cost of cultivation as far as coconut and other fruit bearing trees is concerned. Thus it is his contention that 30% of the compensation awarded by the Trial Court has to be deducted towards the cost of cultivation. 4. Learned counsel for the petitioner would also submit that co-ordinate Bench of this Court has awarded Rs.4,000/- for each honge tree as compensation for the same year. This being the position, the compensation for Honge trees would be Rs.64,000/- as against Rs.72,000/- awarded by the Trial Court. 5. This Court has considered the aforementioned judgments. It is noticed that the Division Bench of this Court has held that 30% is the cost of cultivation for fruit bearing - 4 - NC: 2025:KHC:815 WP No. 5529 of 2021 trees. The Trial Court has not deducted cultivation expenses, in which event 30% has to be deducted in the compensation awarded by the Trial Court in respect of coconut trees and awarding Rs.4,000/- for each Honge tree, the respondent herein is entitled to Rs.64,000/- as against Rs.72,000/-. 6. Hence the following : ORDER i. The petition is allowed in part. ii. The respondent in this petition is entitled to Rs.2,67,000/- towards compensation. iii. The said compensation shall carry interest at the rate of 8% per annum from the date of petition till the date of payment, if any amount is already paid, the same shall be adjusted. Sd/- (ANANT RAMANATH HEGDE) JUDGE NG List No.: 1 Sl No.: 42