THE SUPERINTENDENT ENGINEER (ELECTRICAL) v. SMT.LAKSHMAMMA
WP/8758/2021 · 2025-01-16
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22616 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22616 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2133 WP No. 8758 of 2021 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. 8758 OF 2021 (GM-KEB) BETWEEN:
1.
THE SUPERINTENDENT ENGINEER (ELECTRICAL), MAJOR WORKS DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LTD., KOTHITHOPU ROAD, TUMAKURU TOWN, TUMAKURU DISTRICT.
2.
THE EXECUTIVE ENGINEER (ELECTRICAL), MAJOR WORKS DIVISION-IV, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KOTHITHOPU ROAD, TUMAKURU TOWN, TUMAKURU DISTRICT. …PETITIONERS (BY SRI SHIRISH KRISHNA, ADVOCATE) AND: SMT.LAKSHMAMMA, W/O YALLAPPA, AGED ABOUT 55 YEARS, R/AT NO.815, A D COLONY, VINAYAKANAGARA, C N HALLI TOWN, C N HALLI TALUK, TUMAKURU DISTRICT - 572111. …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 DATED NOVEMBER 12, 2019 PASSED IN CIVIL MISCELLANEOUS PETITION NO.10064/2018 (BY HON'BLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR ANNEXURE-A. Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2133 WP No. 8758 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 assailing the order dated 12.11.2019 in Civil Miscellaneous No.10064/2018 on the file of V Additional District Judge, Tiptur. In terms of the impugned order, compensation is enhanced by Rs.34,380/- with interest @ 8% per annum.
2. The petitioners laid high tension wire over the land of the respondent. The said land is bearing Sy.No.325 measuring 4.25 guntas in Dabbegatta Village, Kasaba Hobli, C.N.Halli Taluk, Tumkur District.
3. The petitioners awarded Rs.12,120/- as compensation payable to the land owner. The land owner being aggrieved by the said determination raised a dispute. Parties led evidence before the Trial Court. The Trial Court enhanced the compensation to Rs.46,500/- and deducted Rs.12,120/- already determined and paid by the petitioners.
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NC: 2025:KHC:2133 WP No. 8758 of 2021
4.
Learned counsel appearing for the petitioners would submit that the compensation awarded is on higher side. It is his submission that there are only 9 Neem trees and 12 Jali trees in the land of the respondent and the Trial Court committed an error in awarding Rs.22,500/- as compensation for 9 Neem trees and Rs.24,000/- as compensation for 12 Jali trees. It is his submission that the said value is totally unjustified.
5. Though the respondent is served, there is no representation on behalf of the respondent.
6. This Court has noticed that the Trial Court has referred to Ex.P9 wherein, Rs.780/- is awarded for each Neem tree. The Court has also held that Rs.780/- per Neem tree is inadequate and awarded Rs.2,500/- per Neem tree. The Trial Court awarded Rs.2,000/- per Jali tree by holding that Rs.425/- per Jali tree awarded is inadequate. The aforementioned enhancement is based on Ex.P11. Contents of Ex.P11 are not in dispute. Hence, this Court is of the view that the order based on the Trees Certificate issued by Range Forest Officer is just and proper.
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NC: 2025:KHC:2133 WP No. 8758 of 2021
7. Under these circumstances, this Court is of the view that there are no grounds to interfere in the order passed by the Trial Court.
8. Accordingly, the Writ Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP