- 1 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 22887 OF 2019 (GM-KEB) C/W WRIT PETITION NO. 22889 OF 2019 (GM-KEB) IN WP NO.22887/2019: BETWEEN: 1. NANJAMMA W/O MURUGENDRAPPA AGED ABOUT 73 YEARS, 2. RATHNAMMA W/O MURUGENDRAPPA AGED ABOUT 64 YEARS, 3. SIDDAPPA W/O MURUGENDRAPPA AGED ABOUT 40 YEARS, 4. CHANNABASAPPA S/O MURUGENDRAPPA AGED ABOUT 42 YEARS, 5. KARIBASAPPA S/O MURUGENDRAPPA AGED ABOUT 39 YEARS, 6. VIJAYKUMAR S/O MURUGENDRAPPA AGED ABOUT 37 YEARS, ALL ARE AGRICULTURISTS, R/O CHIKKABENNURU VILLAGE BHARAMASAGARA HOBLI, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 CHITRADURGA TALUK AND DIST - 577 521. …PETITIONERS (BY SRI SPOORTHY HEGDE N., ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LTD., BY THE MANAGING DIRECTOR, KPTCL, CORPORATE OFFICE, KAVERI BHAVANA BANGALORE 560 001. 2. EXECUTIVE ENGINEER BRUHATH KAMAGARI VIBHAGA, JKPTCL, J C R CIRCLE, EAST 3RD CROSS CHITRADURGA 577501. 3. ASSISTANT EXECUTIVE ENGINEER BRUHATH KAMAGARI VIBHAGA J C R CIRCLE , EAST 3RD CROSS CHITRADURGA - 577501. …RESPONDENTS (BY SMT. PADMA S. UTTUR, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN MIS.NO.113/2015, MODIFY THE JUDGMENT AND AWARD AS PER ANNEXURE D AND E PASSED BY THE SPECIAL 2ND ADDL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA IN MISC.NO.113/2015 ON 3.3.2017. IN WP NO.22889/2019: BETWEEN: M.U. PRAKASHAIAH, S/O B.M. UMAPATHAIAH, AGED ABOUT 57 YEARS, - 3 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 AGRICULTURISTS, R/O CHIKKABENNURU, BHARAMASAGARA HOBLI, CHITRADURGA TQ & DIST. - 577 521. …PETITIONER (BY SRI SPOORTHY HEGDE N., ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LTD., BY THE MANAGING DIRECTOR, KPTCL, CORPORATE OFFICE, KAVERI BHAVANA, BANGALORE 560 001. 2. EXECUTIVE ENGINEER KPTCL, J C R CIRCLE, EAST 3RD CROSS, JCR EXTENSION, CHITRADURGA 577501. 3. ASSISTANT EXECUTIVE ENGINEER KPTCL, J C R CIRCLE , EAST 3RD CROSS, JCR EXTENSION, CHITRADURGA - 577501. …RESPONDENTS (BY SMT.PADMA S. UTTUR, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING MODIFYING THE JUDGMENT AND AWARD AS PER ANNEXURE D AND E PASSED BY THE SPECIAL 2ND ADDL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA IN MISC.NO.136/2014 ON 13.11.2015. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 4 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 ORAL ORDER Both petitions are filed for similar reliefs namely, i) Issue writ of certiorari or any other writ of direction I n the nature of writ modifying the judgment and award as per Annexure-D and E passed by the Special 2nd Addl. District & Sessions Judge. at Chitradurga in Misc.no.113/2015 dated 03.03.2017 and C.Misc.no.136/2014 dated 13.11.2015 respectively etc. 2. Since both writ petitions arising out of similar facts, they are taken up together for final disposal and in order to avoid duplication, specific facts in W.P.no.22887/2019 only are referred to. 3. Sri Spoorthy Hegde N, learned counsel for petitioner submitted, petitioners were owners of 7.38 Acres in Sy.no.24/3 and 11.17 Acres in Sy.no.23 of Jalahali village, Bharamasagara Hobli, Chitradurga Taluk, respectively, over which respondents had drawn 66 KV High Tension Power Line over extent of 41.81 guntas and 33.45 guntas respectively of petitioners' land, in year 2012-13, destroyed standing crops by paying Rs.10,374/- and Rs.16,759/- respectively and drawing overhead transmission lines. - 5 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 4. It was submitted while assessing damages, learned District Judge lost sight of fact that lands in question had non- agricultural potentiality as it was adjacent to National Highway shown in Column no.9 of Ex.P1 - Record of Rights. 5. It was submitted that valuation of land adjacent to National Highway was Rs.10,00,000/- as per item no.621 in Ex- P2 - Sub-Registrar Guidance Value (SRGV). Therefore, assessment of damages taking value of land at Rs.1,10,000/- was not justified. In view of non-agricultural potentiality, assessment of diminution value at 30% would not be justified and same had to be assessed at 50%, by referring to Division Bench decision in WA no.373/2012 and connected cases, disposed of on 16.03.2021. On said grounds, enhancement was sought for. 6. On other hand, Smt.Padma S Uttur, learned counsel for respondents opposed writ petition. It was firstly submitted that learned District Judge had passed order determining just compensation by referring to entire material on record and same did not warrant interference. - 6 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 7. Heard learned counsel and perused writ petition records. 8. From above grievance of petitioners against order passed by learned District Judge at Annexures - D and E is specifically on ground that it failed to take note of NA potentiality of petitioners' land, both for value of land and extent of diminution value. 9. Perusal of Col.no.9 of Ex.P.1 - RoR in WP no.22887/2019 would reveal and entry about portion of land being acquired for NH-4. In case of WP no.22889/2019, Ex.P.3 - boundary description certificate issued by village accountant shows NH-4 as northern boundary of Sy.no.24/5. Thus there is specific material to establish that lands in question were adjacent to National Highway. 10. Exs.P.2/P4 - SRGV produced would indicate value of lands adjacent to NH-4 at Rs.10,00,000/-. As held in WA no.1375/2024 disposed of on 21.07.2025, determination of diminution value of land in case of drawing overhead transmission lines is to be at 30%. Therefore, learned District Judge was not justified in taking value of land at Rs.1,10,000/- - 7 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 and Rs.72,000/-respectively. Value of land has to be taken at Rs.10,00,000/- per Acre. 11. There is no dispute about corridor area about 33.45 guntas in WP.no.22887/2019 and 41.81 guntas in WP.no.22889/2019. 12. Thus compensation has to be reworked as follows: Rs.10,00,000/- = Rs.25,000/- per gunta. 40 30% of same would be Rs.7,500/-. Thus compensation in WP no.22887/2019 would be : Rs.7500 X 33.45 = Rs.2,50,875/- And in WP no.22889/2019, it would be : Rs.7500 X 41.81 = Rs.3,13,575/- 13. Consequently, following order: Writ petition is allowed in part. Order dated 03.03.2017 Annexure - D in C.Misc.no.113/2015 and order 13.11.2015 at Annexure - E in C.Misc.no.136/2014 passed by Special II Addl. District & Sessions Judge, Chitradurga, and respectively are modified. Enhanced compensation determined in - 8 - HC-KAR NC: 2025:KHC:33175 WP No. 22887 of 2019 C/W WP No. 22889 of 2019 WP.no.22887/2019 is Rs.2,50,875/- and in WP.no.22889/2019 is Rs.3,13,575/- with interest at 8% per annum. Respondents are directed to deposit enhanced compensation within a period of six weeks from date of receipt of certified copy of order. On deposit, same to be released in favour of petitioner. Sd/- (RAVI V HOSMANI) JUDGE psg* List No.: 1 Sl No.: 18