- 1 - HC-KAR NC: 2025:KHC:22606 WP No. 16878 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16878 OF 2024 (GM-KEB) BETWEEN: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY MANAGING DIRECTOR, KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, BANGALORE-560 009. 2. THE EXECUTIVE ENGINEER, MAJOR WORKS DIVISION, K.P.T.C.L., HADADI ROAD, DAVANAGERE-577 525. 3. ASSISTANT EXECUTIVE ENGINEER MAJOR WORKS DIVISION, SUB-DIVISION-I, JCR BADAVANA, 3RD CROSS, 1ST FLOOR, CHITRADURGA TOWN-577 501. …PETITIONERS (BY SMT. SHUBHA.S., ADVOCATE) AND: SMT. JAYAMMA W/O THIPPESWAMY, AGED ABOUT 49 YEARS, AGRICULTURIST, RESIDENT OF KUNABEVU VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 517. …RESPONDENT (SERVED AND UNREPRESENTED) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22606 WP No. 16878 of 2024 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.Shubha.S., counsel for the petitioners has appeared in person. An emergent notice to the respondent was ordered on 20.09.2024. A perusal of the office note depicts that respondent is served and unrepresented. She has neither engaged the services of an advocate nor conducted the case as a party in person. 2. The status of the parties is referred to as per their status and ranking before the trial court. 3. The facts are stated as under: The petitioner filed a petition under Section 16(3) of the Indian Telegraphic Act, 1885 in Civil Misc.No.179/2021 on the file of the I Additional District and Sessions Judge, Chitradurga, - 3 - HC-KAR NC: 2025:KHC:22606 WP No. 16878 of 2024 for award of compensation along with interest contending that she is the owner of lands bearing Sy.No.71/4 and 71/8 measuring 00.24 Acres and 01.16 Acres respectively situated at Kunabevu Village, Turuvanuru Hobli, Chitradurga Taluk and District. It is said that the land is fertile land. It is also contended that prior to the date of drawing of High Tension Power Line, she was growing groundnut, cotton, onion, sunflower etc., in the said land. She has specifically contended that the land is worth Rs.2,00,000/- per acre and the respondents have drawn 220/440 KV Power Line by destroying Crops in the land and have paid compensation of Rs.69,615/- towards damages and in view of installation of Power Line/Tower across the land, the fertility and value of the Land are decreased. After service of summons, the KPTCL filed statement of objections. They pleaded that the respondents have paid the compensation towards diminution value of the land as per the order of the Deputy Commissioner dated 04.12.2018 to the tune of Rs.69,615/- towards Corridor Area. The amount has been paid to the petitioner as full and final settlement of - 4 - HC-KAR NC: 2025:KHC:22606 WP No. 16878 of 2024 compensation wherein the claimant acknowledged the same without demur and as such there is no need to award any further compensation. Accordingly, they prayed for the dismissal of the petition. The Trial Court recorded the evidence and vide order dated 19.02.2024 partly allowed the petition and awarded a sum of Rs.18,165/- with interest at the rate of 8% per annum towards compensation/ damages from the date of petition till its realization. This order is challenged in the captioned Writ Petition on several grounds as set out in the Memorandum of Writ Petition. 4. Learned counsel for petitioners has urged several contentions. Heard the arguments and perused the writ papers with care. 5. The principal ground on which this Court is asked to quash the impugned order is that the Trial Court has erroneously proceeded to award which is nothing but a double the additional amount of compensation. - 5 - HC-KAR NC: 2025:KHC:22606 WP No. 16878 of 2024 Suffice it to note that on 04.12.2018, the Deputy Commissioner, after considering as to the erection of Lines of 220 KV DC Line from proposed 400/220 KV Jagalur (Hiremallanahole) to the existing 220/66/11 KV Chitradurga Sub-Station. The authority has paid a sum of Rs.69,615/- and the claimant has received the same. However, the Trial Court without noticing the said factual aspects, re-determines the compensation with regard to Corridor area and awarded a sum of Rs.18,165/- solely on the ground that the compensation awarded is towards crops. In my view, the said reasoning and the finding is untenable since what is required to be considered is the diminution value of the land. The Deputy Commissioner has considered the same and has rightly awarded compensation. If the order is sustained, it amounts to double payment of compensation. I may venture to say that the Trial Court has failed to have regard to relevant considerations and disregarded relevant matters. In my considered opinion, the order passed by the Trial Court is unsustainable in law. - 6 - HC-KAR NC: 2025:KHC:22606 WP No. 16878 of 2024 6. The Writ of Certiorari is ordered. The Order dated 19.02.2024 passed by the I Additional District and Sessions Judge, Chitradurga in Civil.Misc.No.179/2021 vide Annexure-A is quashed. 7. Resultantly, the Writ Petition is allowed. Lastly, counsel Smt.Shubha.S., submits that pursuant to the interim order, 50% of the award 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 and refund the same to the Authorities after due identification. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 19