- 1 - NC: 2025:KHC:8417 WP No. 20070 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 20070 OF 2023 (GM-KEB) BETWEEN: SRI K K KIRAN KUMAR, S/O KOLLURAI GOWDA, AGED ABOUT 54 YEARS, R/O THIRUMALA, 1ST CROSS, DOLLARS COLONY, NEAR KRISHINAGAR, SHIVAMOGGA - 577204. …PETITIONER (BY SRI V D RAVIRAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, ENGERY DEPARMENT, VIKAS SOUDHA, DR B R AMBEKDAR STREET, BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, SHIVAMOGGA - 577201. 3. THE ASSISTANT COMMISSONER AND LAND ACQUISITION OFFICER, OFFICE OF ASSISTANT COMMISSIONER, SHIVAMOGGA - 577201. 4. THE EXECUTIVE ENGINEER, KARNATAKA POWER TRASMISSON CORPORATION LIMITED,MAJOR WORKS DIVISION, PRASARANA BHAVANA, MRS COLONY, VIDYANAGAR, B H ROAD, SHIVAMOGGA - 577201. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8417 WP No. 20070 of 2023 …RESPONDENTS (BY SRI M R RAJKUMAR AGA FOR R1 TO R3, SRI N G VIJAY KUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD 9.12.2022 AND 19.6.2023 ANNEXURE-J AND K AND RELEASE THE COMPENSATION AMOUNT OF RS.16,41,065.95 PS. (RUPEES SIXTEEN LAKHS FORTY-ONE THOUSAND SIXTY FIVE RUPEES AND NINETY FIVE PAISA ONLY) ALONG WITH INTEREST AT THE RATE OF 18 PERCENT PER ANNUM FROM THE DATE OF ORDER 15.05.2020 AT ANNEXURE-F TILL REALIZATION FOR DELAYED PAYMENT. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed to direct the respondents to consider the representations dated 09.12.2022 and 19.06.2023 marked at Annexures-J and K respectively and to release the compensation amount of Rs.16,41,065.95/- along with interest @ 18% per annum from 15.05.2020 till the payment. 2. Respondent No.1 in this case is the State of Karnataka, respondent No.2 is the Deputy Commissioner, Respondent No.3 is the Assistant Commissioner and Land Acquisition Officer and respondent No.4 is the Executive - 3 - NC: 2025:KHC:8417 WP No. 20070 of 2023 Engineer, Karnataka Power Transmission Corporation Limited. Though the prayer is to direct all the respondents to pay the compensation referred to above, the facts would reveal that the compensation is to be paid by 4th respondent. 3. The facts narrated in the petition are as under: Petitioner is the owner of property bearing Sy.No.158/1 measuring 4 acres in Konanduru Village, Thirthahalli Taluk, Shivamogga District. The RTC pertaining to the aforementioned property is marked at Annexure - A. It appears that 4th respondent-Corporation proposed to lay high tension wire from Bejavalli to Konanduru and accordingly, the high tension wire was laid and the trajectory of high tension wire is shown in Annexure G. It is relevant to note that Annexure G is the layout formed in Sy.No.158. The Deputy Commissioner i.e., 2nd respondent has passed an order fixing criteria to determine the compensation payable to the land owners over whose properties the high tension wire is laid. The said order is dated 15.05.2020 marked at Annexure - F. - 4 - NC: 2025:KHC:8417 WP No. 20070 of 2023 4. Thereafter, 4th respondent has determined the compensation payable considering the extent of land over which the high tension wire is laid and names of the persons to whom compensation is payable has also been published in the order dated 08.03.2021. Petitioner's name is found in Sl.No.1 of the last page of the said order. It is noticed from the said order that petitioner is awarded a compensation of Rs.16,41,065.95. The order itself would indicate that compensation is to be released in favour of the person in whose favour the order is passed. Though this order is passed on 08.03.2021, the compensation payable to the petitioner is not paid. 5. Thereafter, the petitioner has made an application dated 09.12.2022 requesting release of the compensation amount. Since there was no response, one more application is filed on 09.06.2022. Even that application is not considered and the present petition is filed seeking release of compensation. 6. Learned counsel for the petitioner would submit that compensation amount has been withheld without any reason. The respondent No.4 is also liable to pay interest @ - 5 - NC: 2025:KHC:8417 WP No. 20070 of 2023 18% per annum from the date of judgment till the date of payment. 7. Learned counsel appearing for 4th respondent referring to statement of objections would contend that the Forest Department has raised an objection relating to the high tension wire laid over certain properties and it is also his case that objection is raised in respect of high tension wire laid over property bearing Sy.No.158 and for this reason, the compensation is not released. 8. The respondent - State has not filed any objection. 9. This Court has considered the contentions raised at the bar and perused the records. 10. The record of rights at Anneuxre - A would prima facie reveal that petitioner is the owner of the property. On going through the contents of the letter addressed by the Forest Department, it is noticed that Forest Department is making a claim that high tension wire is laid over the property earmarked for Shettihalli Wild Life Sanctuary. It is also noticed - 6 - NC: 2025:KHC:8417 WP No. 20070 of 2023 that the Forest Department has not made a claim that it is the owner of property bearing Sy.No.158. 11. The conversion order produced by the petitioner would indicate that the petitioner is the owner of the property bearing Sy.No.158. It is also noticed that the Forest Department has not raised a contention that the compensation determined should not be released in favour of the petitioner. Under these circumstances, this Court does not find any justification for the inaction on the part of 4th respondent in not releasing the amount. 12. Hence, the following: ORDER (i) Writ Petition is Allowed. (ii) Respondent No.4 is directed to release the compensation amount of Rs.16,41,065.95/- in favour of the petitioner on proper identification. (iii) Since the amount was retained by 4th respondent without any justification, 4th respondent is also liable to pay interest @ 8% - 7 - NC: 2025:KHC:8417 WP No. 20070 of 2023 per annum from 08.03.2021 till the date of payment. (iv) It is further made clear that this Court has not expressed any opinion on the claim of the Forest Department if any over the property. If the Forest Department has any claim over Sy.No.158, it is to be established in the manner known to law. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 33